THE CODE OF CRIMINAL PROCEDURE, 1973 
________ 
ARRANGEMENT OF SECTIONS 
________ 
CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement.  
2.  Definitions. 
3.  Construction of references. 
4.  Trial of offences under the Indian Penal Code and other laws. 
5.  Saving. 

CHAPTER II 
CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

6.  Classes of Criminal Courts. 

7.  Territorial divisions. 

8.  Metropolitan areas. 

9.  Court of Session.  

10.  Subordination of Assistant Sessions Judges. 

11.  Courts of Judicial Magistrates. 

12.  Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 

13.  Special Judicial Magistrates. 

14.  Local jurisdiction of Judicial Magistrates.  

15.  Subordination of Judicial Magistrates. 

16.  Courts of Metropolitan Magistrates. 

17.  Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. 

18.  Special Metropolitan Magistrates. 

19.  Subordination of Metropolitan Magistrates. 

20.  Executive Magistrates. 

21.  Special Executive Magistrates. 

22.  Local Jurisdiction of Executive Magistrates. 

23.  Subordination of Executive Magistrates. 

24.  Public Prosecutors. 

25.  Assistant Public Prosecutors. 

25A. Directorate of Prosecution. 

CHAPTER III 

POWER OF COURTS 

26.  Courts by which offences are triable.  

27.  Jurisdiction in the case of juveniles.  

1 

 
SECTIONS 

28.  Sentences which High Courts and Sessions Judges may pass. 

29.  Sentences which Magistrates may pass. 

30.  Sentence of imprisonment in default of fine. 

31.  Sentence in cases of conviction of several offences at one trial. 

32.  Mode of conferring powers. 

33.  Powers of officers appointed. 

34.  Withdrawal of powers. 

35.  Powers of Judges and Magistrates exercisable by their successors-in-office. 

CHAPTER IV 

A.–POWERS OF SUPERIOR OFFICERS OF POLICE 

36.  Powers of superior officers of police. 

B.–AID TO THE MAGISTRATES AND THE POLICE 

37.  Public when to assist Magistrates and police. 

38.  Aid to person, other than police officer, executing warrant. 

39.  Public to give information of certain offences. 

40.  Duty of officers employed, in connection with the affairs of a village to make certain report. 

CHAPTER V 

ARREST OF PERSONS 

41.  When police may arrest without warrant. 

41A. Notice of appearance before police officer. 

41B. Procedure of arrest and duties of officer making arrest. 

41C. Control room at districts. 

41D. Right of arrested person to meet an advocate of his choice during interrogation. 

42.  Arrest on refusal to give name and residence. 

43.  Arrest by private person and procedure on such arrest. 

44.  Arrest by Magistrate. 

45.  Protection of members of the Armed Forces from arrest.   

46.  Arrest how made. 

47.  Search of place entered by person sought to be arrested. 

48.  Pursuit of offenders into other jurisdictions. 

49.  No unnecessary restraint. 

50. Person arrested to be informed of grounds of arrest and of right to bail. 

50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. 

51.  Search of arrested person. 

2 

 
SECTIONS 

52.  Power to seize offensive weapons. 

53.  Examination of accused by medical practitioner at the request of police officer. 

53A.  Examination of person accused of rape by medical practitioner. 

54.  Examination of arrested person by medical officer. 

54A.  Identification of person arrested. 

55.  Procedure when police officer deputes subordinate to arrest without warrant. 

55A.  Health and safety of arrested person. 

56.  Person arrested to be taken before Magistrate or officer in charge of police station. 

57.  Person arrested not to be detained more than twenty-four hours. 

58.  Police to report apprehensions. 

59.  Discharge of person apprehended. 

60.  Power, on escape, to pursue and retake. 

60A.  Arrest to be made strictly according to the Code. 

CHAPTER VI 
PROCESSES TO COMPEL APPEARANCE 
A.–Summons 

61.  Form of summons. 

62. Summons how served. 

63. Service of summons on corporate bodies and societies. 

64.  Service when persons summoned cannot be found. 

65.  Procedure when service cannot be effected as before provided. 

66.  Service on Government servant. 

67.  Service of summons outside local limits. 

68.  Proof of service in such cases and when serving officer not present. 

69.  Service of summons on witness by post. 

B.–Warrant of arrest 

70.  Form of warrant of arrest and duration. 

71.  Power to direct security to be taken. 

72.  Warrants to whom directed. 

73.  Warrant may be directed to any person. 

74.  Warrant directed to police officer. 

75.  Notification of substance of warrant.   

76.  Person arrested to be brought before Court without delay. 

77.  Where warrant may be executed. 

78.  Warrant forwarded for execution outside jurisdiction. 

79.  Warrant directed to police officer for execution outside jurisdiction. 

80.  Procedure on arrest of person against whom warrant issued. 

3 

 
SECTIONS 

81.  Procedure by Magistrate before whom such person arrested is brought. 

C.–Proclamation and attachment 

82.  Proclamation for person absconding. 
83.  Attachment of property of person absconding. 
84.  Claims and objections to attachment. 
85.  Release, sale and restoration of attached property. 
86.  Appeal from order rejecting application for restoration of attached property. 

D.–Other rules regarding processes 

87. Issue of warrant in lieu of, or in addition to, summons. 
88.  Power to take bond for appearance. 
89. Arrest on breach of bond for appearance. 
90.  Provisions of this Chapter generally applicable to summonses and warrants of arrest. 

CHAPTER VII 
PROCESSES TO COMPEL THE PRODUCTION OF THINGS 
A.–Summons to produce 

91. Summons to produce document or other thing. 

92. Procedure as to letters and telegrams. 

B.–Search-warrants 

93. When search-warrant may be issued. 
94.  Search of place suspected to contain stolen property, forged documents, etc. 

95.  Power to declare certain publications forfeited and to issue search-warrants for the same. 

96.  Application to High Court to set aside declaration of forfeiture. 

97.  Search for persons wrongfully confined. 

98.  Power to compel restoration of abducted females. 

C.–General provisions relating to searches 

99.  Direction, etc., of search-warrants. 

100.  Persons in charge of closed place to allow search. 

101.   Disposal of things found in search beyond jurisdiction. 

D.–Miscellaneous 

102.  Power of police officer to seize certain property.  

103.  Magistrate may direct search in his presence. 

104.  Power to impound document, etc., produced. 

105.  Reciprocal arrangements regarding processes. 

CHAPTER VIIA 

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR 

ATTACHMENT AND FORFEITURE OF PROPERTY 

105A. Definitions. 

105B. Assistance in securing transfer of persons. 

4 

 
 
SECTIONS 

105C. Assistance in relation to orders of attachment or forfeiture of property. 

105D. Identifying unlawfully acquired property. 

105E. Seizure or attachment of property. 

105F. Management of properties seized or forfeited under this Chapter. 

105G. Notice of forfeiture of property. 

105H. Forfeiture of property in certain cases.  

105-I. Fine in lieu of forfeiture. 

105J.  Certain transfers to be null and void. 

105K. Procedure in respect of letter of request. 
105L. Application of this Chapter. 

CHAPTER VIII 
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 

106.  Security for keeping the peace on conviction. 

107.  Security for keeping the peace in other cases. 

108.  Security for good behaviour from persons disseminating seditious matters.  

109.  Security for good behaviour from suspected persons.  

110.  Security for good behaviour from habitual offenders. 

111.  Order to be made. 

112.  Procedure in respect of person present in Court. 

113.  Summons or warrant in case of person not so present. 

114.  Copy of order to accompany summons or warrant. 

115.  Power to dispense with personal attendance. 

116.  Inquiry as to truth of information. 

117.  Order to give security. 

118.  Discharge of person informed against. 

119.  Commencement of period for which security is required. 

120.  Contents of bond. 

121.  Power to reject sureties. 

122.  Imprisonment in default of security. 

123.  Power to release persons imprisoned for failing to give security. 

124.  Security for unexpired period of bond. 

CHAPTER IX 
ORDER  FOR  MAINTENANCE OF  WIVES, CHILDREN AND  PARENTS 

125. Order for maintenance of wives, children and parents. 

126.  Procedure. 

127. Alteration in allowance. 

128. Enforcement of order of maintenance.  

5 

 
 
CHAPTER X 
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 
A.–Unlawful assemblies 

SECTIONS 

129.  Dispersal of assembly by use of civil force. 

130.  Use of armed forces to disperse assembly. 

131.  Power of certain armed force officers to disperse assembly. 

132.  Protection against prosecution for acts done under preceding sections. 

B.–Public nuisances 

133.  Conditional order for removal of nuisance. 

134.  Service or notification of order. 

135.  Person to whom order is addressed to obey or show cause. 

136.  Consequences of his failing to do so. 

137.  Procedure where existence of public right is denied. 
138.  Procedure where he appears to show cause. 
139.  Power of Magistrate to direct local investigation and examination of an expert. 
140.  Power of Magistrate to furnish written instructions, etc. 
141.  Procedure on order being made absolute and consequences of disobedience.  
142.  Injunction pending inquiry. 
143.  Magistrate may prohibit repetition or continuance of public nuisance. 
C.–Urgent cases of nuisance or apprehended danger 

144.  Power to issue order in urgent cases of nuisance or apprehended danger. 
144A.Power to prohibit carrying arms in procession or mass drill or mass training with arms. 

D.–Disputes as to immovable property 

145.  Procedure where dispute concerning land or water is likely to cause breach of peace. 
146.  Power to attach subject of dispute and to appoint receiver. 
147.  Dispute concerning right of use of land or water. 
148.  Local inquiry. 

CHAPTER XI 
PREVENTIVE ACTION OF THE POLICE 

149.  Police to prevent cognizable offences. 
150.  Information of design to commit cognizable offences. 
151.  Arrest to prevent the commission of cognizable offences. 
152.  Prevention of injury to public property. 
153.  Inspection of weights and measures. 

CHAPTER XII 
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 

154.  Information in cognizable cases. 

155.  Information as to non-cognizable cases and investigation of such cases. 

6 

 
 
SECTIONS 

156.  Police officer’s power to investigate cognizable case. 

157. Procedure for investigation. 
158. Report how submitted. 

159.  Power to hold investigation or preliminary inquiry. 
160. Police officer’s power to require attendance of witnesses. 

161. Examination of witnesses by police. 
162.  Statements to police not to be signed: Use of statements in evidence. 

163. No inducement to be offered. 
164. Recording of confessions and statements. 

164A. Medical examination of the victim of rape. 
165. Search by police officer.  

166.  When officer in charge of police station may require another to issue search-warrant.  
166A. Letter of request to competent authority for investigation in a country or place outside India.  

166B.  Letter  of  request  from  a  country  or  place  outside  India  to  a  Court  or  an  authority  for 

investigation in India. 

167.  Procedure when  investigation cannot be completed in twenty-four hours. 
168. Report of investigation by subordinate police officer. 

169. Release of accused when evidence deficient. 
170. Cases to be sent to Magistrate, when evidence is sufficient. 

171.  Complainant  and  witnesses  not  to  be  required  to  accompany  police  officer  and  not  to  be 

subjected to restraint. 

172.  Diary of proceedings in investigation. 

173.  Report of police officer on completion of investigation. 
174.  Police to enquire and report on suicide, etc. 

175.  Power to summon persons. 
176.  Inquiry by Magistrate into cause of death. 

CHAPTER XIII 
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 

177.  Ordinary place of inquiry and trial. 

178.  Place of inquiry or trial. 

179.  Offence triable where act is done or consequence ensues. 

180. Place of trial where act is an offence by reason of relation to other offence. 

181. Place of trial in case of certain offences. 

182. Offences committed by letters, etc. 

183. Offence committed on journey or voyage. 
184.  Place of trial for offences triable together. 
185.  Power to order cases to be tried in different sessions divisions. 
186.  High Court to decide, in case of doubt, district where inquiry or trial shall take place. 

187.  Power to issue summons or warrant for offence committed beyond local jurisdiction. 

7 

 
SECTIONS 

188.  Offence committed outside India. 

189.  Receipt of evidence relating to offences committed outside India. 

CHAPTER XIV 
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 

190.  Cognizance of offences by Magistrates. 
191. Transfer on application of the accused. 
192. Making over of cases to Magistrates. 
193. Cognizance of offences by Courts of Session. 
194. Additional and Assistant Sessions Judges to try cases made over to them. 
195.  Prosecution  for  contempt  of  lawful  authority  of  public  servants,  for  offences  against  public 

justice and for offences relating to documents given in evidence. 

195A. Procedure for witnesses in case of threatening, etc.  

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence. 
197. Prosecution of Judges and public servants. 
198. Prosecution for offences against marriage. 
198A. Prosecution of offences under section 498A of the Indian Penal Code. 

198B. Cognizance of offence. 
199. Prosecution for defamation. 

CHAPTER XV 
COMPLAINTS TO MAGISTRATES 

200.  Examination of complainant. 
201.  Procedure by Magistrate not competent to take cognizance of the case. 
202.  Postponement of issue of process. 
203.  Dismissal of complaint.  

CHAPTER XVI 
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 

204. Issue of process. 

205. Magistrate may dispense with personal attendance of accused. 

206. Special summons in cases of petty offence. 

207. Supply to the accused of copy of police report and other documents. 

208.  Supply  of  copies  of  statements  and  documents  to  accused  in  other  cases  triable  by  Court  of             

Session. 

209. Commitment of case to Court of Session when offence is triable exclusively by it. 

210. Procedure to be followed when there is a complaint case and police investigation in respect of 

the same offence.   

CHAPTER XVII 

THE CHARGE 

A.–Form of charges 

211.  Contents of charge. 
212.  Particulars as to time, place and person. 

8 

 
SECTIONS 

213.  When manner of committing offence must be stated. 

214.  Words in charge taken in sense of law under which offence is punishable. 

215.  Effect of errors. 

216.  Court may alter charge. 

217.  Recall of witnesses when charge altered. 

218.  Separate charges for distinct offences. 

219.  Three offences of same kind within year may be charged together. 

B.–Joinder of charges 

220.  Trial for more than one offence. 

221.  Where it is doubtful what offence has been committed. 

222.  When offence proved included in offence charged. 

223.  What persons may be charged jointly. 

224.  Withdrawal of remaining charges on conviction on one of several charges. 

CHAPTER XVIII 

TRIAL BEFORE A COURT OF SESSION 

225.  Trial to be conducted by Public Prosecutor. 

226.  Opening case for prosecution. 

227.  Discharge. 

228.  Framing of charge. 

229.  Conviction on plea of guilty. 

230.  Date for prosecution evidence. 

231.  Evidence for prosecution. 

232.  Acquittal. 

233.  Entering upon defence. 

234.  Arguments. 

235.  Judgment of acquittal or conviction. 

236.  Previous conviction. 

237.  Procedure in cases instituted under section 199(2). 

CHAPTER XIX 
TRIAL OF WARRANT-CASES BY MAGISTRATES 

A.–Cases instituted on a police report 

238.  Compliance with section 207. 

239.  When accused shall be discharged. 

240.  Framing of charge. 

241.  Conviction on plea of guilty. 

242.  Evidence for prosecution. 

243.  Evidence for defence. 

9 

 
SECTIONS 

B.–Cases instituted otherwise than on police report                      

244. Evidence for prosecution. 

245. When accused shall be discharged. 

246. Procedure where accused is not discharged. 

247. Evidence for defence. 

C.–Conclusion of trial 

248.  Acquittal or conviction. 

249.  Absence of complainant. 

250.  Compensation for accusation without reasonable cause. 

CHAPTER XX 
TRIAL OF SUMMONS-CASES BY MAGISTRATES 

251.  Substance of accusation to be stated. 

252.  Conviction on plea of guilty. 

253.  Conviction on plea of guilty in absence of accused in petty cases. 

254.  Procedure when not convicted. 

255.  Acquittal or conviction. 

256.  Non-appearance or death of complainant. 

257.  Withdrawal of complaint. 

258.  Power to stop proceedings in certain cases. 

259.  Power of Court to convert summons-cases into warrant-cases. 

CHAPTER XXI 

SUMMARY TRIALS 

260.  Power to try summarily. 

261.  Summary trial by Magistrate of the second class. 

262.  Procedure for summary trials. 

263.  Record in summary trials. 

264.  Judgment in cases tried summarily. 

265.  Language of record and judgment. 

CHAPTER XXIA 

PLEA BARGAINING 

265A. Application of the Chapter. 

265B. Application for plea bargaining. 

265C. Guidelines for mutually satisfactory disposition. 

265D. Report of the mutually satisfactory disposition to be submitted before the Court. 

265E. Disposal of the case. 

265F. Judgment of the Court. 

265G. Finality of the judgment. 

265H. Power of the Court in plea bargaining. 

10 

 
SECTIONS 

265-I.  Period  of  detention  undergone  by  the  accused  to  be  set-off  against  the  sentence  of 

imprisonment. 

265J. Savings. 

265K. Statements of accused not to be used. 

265L. Non-application of the Chapter. 

CHAPTER XXII 

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 

266.  Definitions. 

267.  Power to require attendance of prisoners. 

268.  Power of State Government to exclude certain persons from operation of section 267. 

269.  Officer in charge of prison to abstain from carrying out order in certain contingencies. 

270.  Prisoner to be brought to Court in custody. 

271.  Power to issue commission for examination of witness in prison. 

CHAPTER XXIII 

EVIDENCE IN INQUIRIES AND TRIALS 

A.–Mode of taking and recording evidence 

272.  Language of Courts. 

273.  Evidence to be taken in presence of accused. 

274.  Record in summons-cases and inquiries. 

275.  Record in warrant-cases. 

276.  Record in trial before Court of Session. 

277.  Language of record of evidence. 

278.  Procedure in regard to such evidence when completed. 

279.  Interpretation of evidence to accused or his pleader. 

280.  Remarks respecting demeanour of witness. 

281.  Record of examination of accused. 

282.  Interpreter to be bound to interpret truthfully. 

283.  Record in High Court. 

284.  When attendance of witness may be dispensed with and commission issued. 

B.–Commissions for the examination of witnesses 

285.  Commission to whom to be issued. 
286.  Execution of commissions. 
287.  Parties may examine witnesses. 

288.  Return of commission. 

289.  Adjournment of proceeding. 

290.  Execution of foreign commissions. 

291.  Deposition of medical witness. 

291A. Identification report of Magistrate. 

11 

 
SECTIONS 

292.  Evidence of officers of the Mint. 
293.  Reports of certain Government scientific experts. 
294.  No formal proof of certain documents. 
295.  Affidavit in proof of conduct of public servants. 
296.  Evidence of formal character on affidavit. 
297.  Authorities before whom affidavits may be sworn. 
298.  Previous conviction or acquittal how proved. 
299.  Record of evidence in absence of accused. 

CHAPTER XXIV  
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 

300.  Person once convicted or acquitted not to be tried for same offence. 

301.  Appearance by Public Prosecutors. 

302.  Permission to conduct prosecution. 

303.  Right of person against whom proceedings are instituted to be defended. 

304.  Legal aid to accused at State expense in certain cases. 

305.  Procedure when corporation or registered society is an accused. 

306.  Tender of pardon to accomplice. 

307.  Power to direct tender of pardon. 

308.  Trial of person not complying with conditions of pardon. 

309.  Power to postpone or adjourn proceedings. 

310.  Local inspection. 

311.  Power to summon material witness, or examine person present. 

311A. Power of Magistrate to order person to give specimen signatures or handwriting. 

312.  Expenses of complainants and witnesses. 

313.  Power to examine the accused. 

314.  Oral arguments and memorandum of arguments. 

315.  Accused person to be competent witness. 

316.  No influence to be used to induce disclosure. 

317.  Provision for inquiries and trial being held in the absence of accused in certain cases. 

318.  Procedure where accused does not understand proceedings. 

319.  Power to proceed against other persons appearing to be guilty of offence. 

320.  Compounding of offences. 

321.  Withdrawal from prosecution. 

322.  Procedure in cases which Magistrate cannot dispose of. 

323.  Procedure  when,  after  commencement  of  inquiry  or  trial,  Magistrate  finds  case  should  be     

committed. 

324.  Trial of persons previously convicted of offences against coinage, stamp-law or property. 

325.  Procedure when Magistrate cannot pass sentence sufficiently severe. 

12 

 
SECTIONS 

326.  Conviction  or  commitment  on  evidence  partly  recorded  by  one  Magistrate  and  partly  by 

another. 

327.  Court to be open. 

CHAPTER XXV 

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 

328.  Procedure in case of accused being lunatic. 

329.  Procedure in case of person of unsound mind tried before Court. 

330.  Release of person of unsound mind pending investigation or trial. 

331.  Resumption of inquiry or trial. 

332.  Procedure on accused appearing before Magistrate or Court. 

333.  When accused appears to have been of sound mind. 

334.  Judgment of acquittal on ground of unsoundness of mind. 

335.  Person acquitted on such ground to be detained in safe custody. 

336.  Power of State Government to empower officer-in-charge to discharge. 

337.  Procedure where lunatic prisoner is reported capable of making his defence. 

338.  Procedure where lunatic detained is declared fit to be released. 

339.  Delivery of lunatic to care of relative or friend. 

CHAPTER XXVI 

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 

340.  Procedure in cases mentioned in section 195. 

341.  Appeal. 

342.  Power to order costs. 

343.  Procedure of Magistrate taking cognizance. 

344.  Summary procedure for trial for giving false evidence. 

345.  Procedure in certain cases of contempt. 

346.  Procedure where Court  considers that case should not be dealt with under section 345. 

347.  When Registrar or Sub-Registrar to be deemed a Civil Court. 

348.  Discharge of offender on submission of apology. 

349.  Imprisonment or committal of person refusing to answer or produce document. 

350.  Summary procedure for punishment for non-attendance by a witness in obedience to summons. 

351.  Appeals from convictions under sections 344, 345, 349 and 350. 
352.  Certain Judges and Magistrates not to try certain offences when committed before themselves. 

CHAPTER XXVII 
THE JUDGMENT 

353.  Judgment. 

354.  Language and contents of judgment. 

355.  Metropolitan Magistrate's judgment. 

13 

 
SECTIONS 

356.  Order for notifying address of previously convicted offender. 
357.  Order to pay compensation. 
357A. Victim compensation scheme. 
357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. 
357C. Treatment of victims. 
358.  Compensation to persons groundlessly arrested. 
359.  Order to pay costs in non-cognizable cases. 
360.  Order to release on probation of good conduct or after admonition. 
361.  Special reasons to be recorded in certain cases. 
362.  Court not to alter judgment. 
363.  Copy of judgment to be given to the accused and other persons. 
364.  Judgment when to be translated. 
365.  Court of Session to send copy of finding and sentence to District Magistrate. 

CHAPTER XXVIII 
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 
366.  Sentence of death to be submitted by Court of Session for confirmation. 
367.  Power to direct further inquiry to be made or additional evidence to be taken. 
368.  Power of High Court to confirm sentence or annul conviction. 
369.  Confirmation or new sentence to be signed by two Judges. 
370.  Procedure in case of difference of opinion. 
371.  Procedure in cases submitted to High Court for confirmation. 

CHAPTER XXIX 
APPEALS 

372.  No appeal to lie unless otherwise provided. 
373.  Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace 

or good behaviour. 

374.  Appeals from convictions. 
375.  No appeal in certain cases when accused pleads guilty. 
376.  No appeal in petty cases. 
377.  Appeal by the State Government against sentence. 
378.  Appeal in case of acquittal. 
379.  Appeal against conviction by High Court in certain cases. 
380.  Special right of appeal in certain cases. 
381.  Appeal to Court of Session how heard. 
382.  Petition of appeal. 
383.  Procedure when appellant in jail. 
384.  Summary dismissal of appeal. 
385.  Procedure for hearing appeals not dismissed summarily. 
386.  Powers of the Appellate Court. 
387.  Judgments of Subordinate Appellate Court. 

388.  Order of High Court on appeal to be certified to lower Court. 

14 

 
SECTIONS 

389.  Suspension of sentence pending the appeal; release of appellant on bail. 

390.  Arrest of accused in appeal from acquittal. 

391.  Appellate Court may take further evidence or direct it to be taken. 

392.  Procedure where Judges of Court of Appeal are equally divided. 

393.  Finality of judgments and orders on appeal. 

394.  Abatement of appeals. 

CHAPTER XXX 

REFERENCE AND REVISION 

395.  Reference to High Court. 

396.  Disposal of case according to decision of High Court. 

397.  Calling for records to exercise powers of revision. 

398.  Power to order inquiry. 

399.  Sessions Judge's powers of revision. 

400.  Power of Additional Sessions Judge. 

401.  High Court's powers of revision. 

402.  Power of High Court to withdraw or transfer revision cases. 

403.  Option of Court to hear parties. 

404.  Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court. 

405.  High Court's order to be certified to lower Court. 

CHAPTER XXXI 

TRANSFER OF CRIMINAL CASES 

406.  Power of Supreme Court to transfer cases and appeals. 

407.  Power of High Court to transfer cases and appeals. 

408.  Power of Sessions Judge to transfer cases and appeals. 

409.  Withdrawal of cases and appeals by Sessions Judges. 

410.  Withdrawal of cases by Judicial Magistrate. 

411.  Making over or withdrawal of cases by Executive Magistrates. 

412.  Reasons to be recorded. 

CHAPTER XXXII 

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES 
A.–Death Sentences 

413.  Execution of order passed under section 368. 
414.  Execution of sentence of death passed by High Court. 
415.  Postponement of execution of sentence of death in case of appeal to Supreme Court. 
416.  Postponement of capital sentence on pregnant woman. 

15 

 
SECTIONS 

B.–Imprisonment 

417.  Power to appoint place of imprisonment. 

418.  Execution of sentence of imprisonment. 

419.  Direction of warrant for execution. 

420.  Warrant with whom to be lodged. 

C.–Levy of fine 

421.  Warrant for levy of fine. 
422.  Effect of such warrant. 

423.  Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. 
424.  Suspension of execution of sentence of imprisonment. 

D.–General provisions regarding execution 

425.  Who may issue warrant. 

426.  Sentence on escaped convict when to take effect. 

427.  Sentence on offender already sentenced for another offence. 

428.  Period  of  detention  undergone  by  the  accused  to  be  set  off  against  the  sentence  of 

imprisonment. 

429.  Saving. 

430.  Return of warrant on execution of sentence. 

431.  Money ordered to be paid recoverable as a fine. 

E.–Suspension, remission and commutation of sentences 

432.  Power to suspend or remit sentences. 
433.  Power to commute sentence. 

433A. Restriction on powers of remission or commutation in certain cases. 
434.  Concurrent power of Central Government in case of death sentences. 

435.  State Government to act after consultation with Central Government in certain cases. 

CHAPTER XXXIII 

PROVISIONS AS TO BAIL AND BONDS 

436.  In what cases bail to be taken. 

436A. Maximum period for which an undertrial prisoner can be detained. 

437.  When bail may be taken in case of non-bailable offence. 

437A. Bail to require accused to appear before next appellate Court.  

438.  Direction for grant of bail to person apprehending arrest. 

439.  Special powers of High Court or Court of Session regarding bail. 

440.  Amount of bond and reduction thereof. 

441.  Bond of accused and sureties. 

441A. Declaration by sureties. 

442.  Discharge from custody. 

16 

 
SECTIONS 

443.  Power to order sufficient bail when that first taken is insufficient. 

444.  Discharge of sureties. 

445.  Deposit instead of recognizance. 

446.  Procedure when bond has been forfeited. 

446A. Cancellation of bond and bail bond. 

447.  Procedure in case of insolvency of death of surety or when a bond is forfeited. 

448.  Bond required from minor. 

449.  Appeal from orders under section 446. 

450.  Power to direct levy of amount due on certain recognizances. 

CHAPTER XXXIV 

DISPOSAL OF PROPERTY 

451.  Order for custody and disposal of property pending trial in certain cases. 

452.  Order for disposal of property at conclusion of trial. 

453.  Payment to innocent purchaser of money found on accused. 

454.  Appeal against orders under section 452 or section 453. 

455.  Destruction of libellous and other matter. 

456.  Power to restore possession of immovable property. 

457.  Procedure by police upon seizure of property. 

458.  Procedure where no claimant appears within six months. 

459.  Power to sell perishable property. 

CHAPTER XXXV 

IRREGULAR PROCEEDINGS 

460.  Irregularities which do not vitiate proceedings. 

461.  Irregularities which vitiate proceedings. 

462.  Proceedings in wrong place. 

463.  Non-compliance with provisions of section 164 or section 281. 

464.  Effect of omission to frame, or absence of, or error in, charge. 

465.  Finding or sentence when reversible by reason of error, omission or irregularity. 

466.  Defect or error not to make attachment unlawful. 

17 

 
CHAPTER XXXVI 

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 

SECTIONS 

467.  Definitions. 

468.  Bar to taking cognizance after lapse of the period of limitation. 

469.  Commencement of the period of limitation. 

470.  Exclusion of time in certain cases. 

471.  Exclusion of date on which Court is closed. 

472.  Continuing offence. 

473.  Extension of period of limitation in certain cases. 

CHAPTER XXXVII  

MISCELLANEOUS 

474.  Trials before High Courts. 

475.  Delivery to commanding officers of persons liable to be tried by Court-martial. 

476.  Forms. 

477.  Power of High Court to make rules. 

478.  Power to alter functions allocated to Executive Magistrate in certain cases. 

479.  Case in which Judge or Magistrate is personally interested. 

480.  Practising pleader not to sit as Magistrate in certain Courts. 

481.  Public servant concerned in sale not to purchase or bid for property. 

482.  Saving of inherent power of High Court. 

483.  Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. 

484.  Repeal and savings. 

THE FIRST SCHEDULE.–CLASSIFICATION OF OFFENCES. 

THE SECOND SCHEDULE.–FORMS. 

FORM NO. 1.—Summons to an accused person. 

FORM NO. 2.—Warrant of arrest. 

FORM NO. 3.—Bond and bail-bond after arrest under a warrant. 

FORM NO. 4.—Proclamation requiring the appearance of a person accused. 

FORM NO. 5.—Proclamation requiring the attendance of a witness. 

FORM NO. 6.—Order of attachment to compel the attendance of a witness. 

FORM NO. 7.—Order of attachment to compel the appearance of a person accused. 

FORM NO. 8.—Order authorising an attachment by the District Magistrate or Collector. 

FORM NO. 9.—Warrant in the first instance to bring up a witness. 

FORM NO. 10.—Warrant to search after information of a particular offence. 

FORM NO. 11.—Warrant to search suspected place of deposit. 

18 

 
FORM NO. 12.—Bond to keep the peace. 

FORM NO. 13.—Bond for good behaviour. 

FORM NO. 14.—Summons on information of a probable breach of the peace. 

FORM NO. 15.—Warrant of commitment on failure to find security to keep the peace. 

FORM NO. 16.—Warrant of commitment on failure to find security for good behaviour. 

FORM NO. 17.—Warrant to discharge a person imprisoned on failure to give security. 

FORM NO. 18.—Warrant of imprisonment on failure to pay maintenance. 

FORM NO. 19.—Warrant to enforce the payment of maintenance by attachment and sale. 

FORM NO. 20.—Order for the removal of nuisances. 

FORM NO. 21.—Magistrate’s notice and peremptory order. 

FORM NO. 22.—Injunction to provide against imminent danger pending inquiry. 

FORM NO. 23.—Magistrate’s order prohibiting the repetition, etc., of a nuisance. 

FORM NO. 24.—Magistrate’s order to prevent obstruction, riot, etc. 

FORM  NO.  25.—Magistrate’s  order  declaring  party  entitled  to  retain  possession  of  land, 

etc., in dispute. 

FORM  NO.  26.—Warrant  of  attachment  in  the  case  of  a  dispute  as  to  the  possession  of 

land, etc. 

FORM NO. 27.—Magistrate’s order prohibiting the doing of anything on land or water. 

FORM NO. 28.—Bond and bail-bond on a preliminary inquiry before a Police Officer. 

FORM NO. 29.—Bond to prosecute or give evidence. 

FORM NO. 30.—Special summons to a person accused of a petty offence. 

FORM NO. 31.—Notice of commitment by Magistrate to Public Prosecutor. 

FORM NO. 32.—Charges. 

I. Charges with one-head. 

II. Charges with two or more heads. 

III. Charges for theft after previous conviction. 

FORM NO. 33.—Summons to witness. 

FORM NO. 34.—Warrant of commitment on a sentence of imprisonment or fine if passed 

by a Court. 

FORM NO. 35.—Warrant of imprisonment on failure to pay compensation. 

FORM NO. 36.—Order requiring production in Court of person in prison for answering to 

charge of offence. 

FORM  NO.  37.—Order  requiring  production  in  Court  of  person  in  prison  for  giving 

evidence. 

FORM  NO.  38.—Warrant  of  commitment  in  certain  cases  of  contempt  when  a  fine  is 

imposed. 

FORM  NO.  39.—Magistrate’s  or  Judge’s  warrant  of  commitment  of  witness  refusing  to 

answer or to produce document. 

FORM NO. 40.—Warrant of commitment under sentence of death. 

FORM NO. 41.—Warrant after a commutation of a sentence. 

FORM NO. 42.—Warrant of execution of a sentence of death. 

19 

 
FORM NO. 43.—Warrant to levy a fine by attachment and Sale. 

FORM NO. 44.—Warrant for recovery of fine. 

FORM NO. 44A.—Bond for appearance of offender released pending realisation of fine. 

FORM NO. 45.—Bond and bail-bond for attendance before officer in charge of police 

station or Court. 

FORM NO. 46.—Warrant to discharge a person imprisoned on failure to give security. 

FORM NO. 47.—Warrant of attachment to enforce a bond. 

FORM NO. 48.—Notice to surety on breach of a bond. 

FORM NO. 49.—Notice to surety of forfeiture of bond for good behaviour. 

FORM NO. 50.—Warrant of attachment against a surety. 

FORM NO. 51.—Warrant of commitment of the surety of an accused person admitted to 

bail. 

FORM NO. 52.—Notice to the principal of forfeiture of bond to keep the peace. 

FORM NO. 53.—Warrant to attach the property of the principal on breach of a bond to 

keep the peace. 

FORM NO. 54.—Warrant of imprisonment on breach of a bond to keep the peace. 

FORM NO. 55.—Warrant of attachment and sale on forfeiture of bond for good behaviour. 

FORM NO. 56.—Warrant of imprisonment on forfeiture of bond for good behaviour. 

APPENDIX  I.—[Extracts  from  the  Code  of  Criminal  Procedure  (Amendment)  Act,  2005  (25  of 

2005).]  

20 

 
 
THE CODE OF CRIMINAL PROCEDURE, 1973 
ACT NO. 2 OF 1974 

[25th January, 1974.] 

An Act to consolidate and amend the law relating to Criminal Procedure. 

BE it enacted by Parliament in the twenty-fourth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Code  of  Criminal 

Procedure, 1973. 

(2) It extends to the whole of India 1***: 
Provided  that  the  provisions  of  this  Code,  other  than  those  relating  to  Chapters  VIII,  X  and  XI 

thereof, shall not apply— 

(a) to the State of Nagaland, 

(b) to the tribal areas, 

but  the  concerned  State  Government  may,  by  notification,  apply  such  provisions  or  any  of them  to  the 
whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, 
incidental or consequential modifications, as may be specified in the notification. 

Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st 
day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the 
Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. 

(3) It shall come into force on the 1st day of April, 1974. 

STATE AMENDMENT 

Haryana 

In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,-In section 1, after figures 

“2014”, the words “as extended to the Union territory of Chandigarh” shall be inserted; 

[Vide Notification No. GSR929(E) dated 16th December, 2019.] 

Manipur 

In the Code of Criminal Procedure (Manipur Amendment) Act, 1982 (Manipur Act No. 3 of 1983), hereinafter 

referred to as the principal Act, for the sub-section (3) of section 1, the following shall be substituted, namely,-- 

"(3) It shall come into force, on its publication in the official Gazette, in such area of the State of Manipur and 
shall  remain  in  force  during  such  period  as  the  notification  issued  under  section  3  of  the  Armed  Forces  (Special 
Powers) Act, 1958 declaring that area to be a disturbed area shall be in operation, but its expiry under the operation 
of this sub-section shall not affect-- 

(a) the previous operation of, or anything duly done or suffered under, this act, or 

(b) any right, privilege, obligation or liability acquired, accured or incurred under this Act, or 

(c) any penalty, forfeiture or punishment incurred in respect of any offence under this Act, or 

(d)  any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege,  obligation, 

liability, penalty, forfeiture or punishment as aforesaid, 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule                              

(w.e.f. 31-10- 2019). 

21 

 
 
 
 
 
 
 
 
                                                 
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced any such penalty, 
forfeiture or punishment may be imposed as if this Act had not expired.". 

[Vide Manipur Act 10 of 1983, s. 2] 

2. Definitions.—In this Code, unless the context otherwise requires,— 

(a)  “bailable  offence”  means  an  offence  which  is  shown  as  bailable  in  the  First  Schedule,  or 
which  is  made  bailable  by  any  other  law  for  the  time  being  in  force;  and  “non-bailable  offence” 
means any other offence; 

(b) “charge” includes any head of charge when the charge contains more heads than one; 

(c)  “cognizable  offence”  means  an  offence  for  which,  and  “cognizable  case”  means  a  case  in 
which, a police officer may, in accordance with the First Schedule or under any other law for the time 
being in force, arrest without warrant; 

(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his 
taking  action  under  this  Code,  that  some  person,  whether  known  or  unknown,  has  committed  an 
offence, but does not include a police report. 

Explanation.—A report made by a police officer in a case which discloses, after investigation, the 
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by 
whom such report is made shall be deemed to be the complainant; 

(e) “High Court” means,— 

(i) in relation to any State, the High Court for that State; 
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has 

been extended by law, that High Court; 

(iii) in relation to any other Union territory, the highest Court of criminal appeal for that  

territory other than the Supreme Court of India; 
(f) “India” means the territories to which this Code extends; 
(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate 

or Court; 

(h)  “investigation”  includes  all  the  proceedings  under  this  Code  for  the  collection  of  evidence 
conducted  by  a  police  officer  or  by  any  person  (other  than  a  Magistrate)  who  is  authorised  by  a 
Magistrate in this behalf; 

(i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be 

legally taken on oath; 

(j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the 
Court or Magistrate may exercise all or any of its or his powers under this Code 1[and such local area 
may  comprise  the  whole  of  the  State,  or  any  part  of  the  State,  as  the  State  Government  may,  by 
notification, specify]; 

(k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be 

a metropolitan area; 

(l)  “non-cognizable  offence”  means  an  offence  for  which,  and  “non-cognizable  case”  means  a 

case in which, a police officer has no authority to arrest without warrant; 

(m) “notification” means a notification published in the Official Gazette; 
(n) “offence” means any act or omission made punishable by any law for the time being in force 
and  includes  any  act  in  respect  of  which  a complaint  may  be  made  under section  20  of the  Cattle-

1. Ins. by Act 45 of 1978, s. 2 (w.e.f. 18-12-1978). 

22 

 
 
                                                 
trespass Act, 1871 (1 of 1871); 

(o) “officer in charge of a police station” includes, when the officer in charge of the police station 
is absent from the station-house or unable from illness or other cause to perform his duties, the police 
officer  present  at  the  station-house  who  is  next  in  rank  to  such  officer  and  is  above  the  rank  of 
constable or, when the State Government so directs, any other police officer so present; 

(p) “place” includes a house, building, tent, vehicle and vessel; 
(q)  “pleader”,  when  used  with  reference  to  any  proceeding  in  any  Court,  means  a  person 
authorised by or under any law for the time being in force, to practise in such Court, and includes any 
other person appointed with the permission of the Court to act in such proceeding; 

(r)  “police  report”  means  a  report  forwarded  by  a  police  officer  to  a  Magistrate  under                           

sub-section (2) of section 173; 

(s)  “police  station”  means  any  post  or  place  declared  generally  or  specially  by  the  State 
Government, to be a police station, and includes any local area specified by the State Government in 
this behalf; 

(t) “prescribed” means prescribed by rules made under this Code; 
(u) “Public Prosecutor” means any person appointed under section 24, and includes any person 

acting under the directions of a Public Prosecutor; 

(v) “sub-division” means a sub-division of a district; 
(w) “summons-case” means a case relating to an offence, and not being a warrant-case; 
1[(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or 
omission for which the accused  person has been charged  and the expression “victim” includes his or 
her guardian or legal heir;] 

(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for 

life or imprisonment for a term exceeding two years; 

(y)  words  and  expressions  used  herein  and  not  defined  but  defined  in  the  Indian  Penal  Code                 

(45 of 1860) have the meanings respectively assigned to them in that Code. 

Haryana  

In section 2, for the words “State of Haryana”, the words “Union territory of Chandigarh” shall be 

STATE AMENDMENT 

substituted. 

[Vide Notification No. GSR929(E) dated 16th December, 2019.] 
Manipur 

In section 2 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely,-- 

"(a) to such class or category of the members of the Forces charged with the maintained of public order, or 

(b)  to  such  class  or  category  of  other  public  servants  (not  being  persons  to  whom  the  provisions  of  sub-

section (1) apply) charged with the maintenance of public order, 

as may be specified in the notification, wherever they may be serving, and thereupon the provisions of that sub-
section  shall  apply  as  if  for  the  expression  Central  Government’  occurring  therein,  the  expression  'Central 
Government' occurring therein, the expression 'State Government' were substituted.". 

[Vide Manipur Act 10 of 1983, s. 3] 
3. Construction of references.—(1) In this Code,— 

(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the 

context otherwise requires,— 

1. Ins. by Act 5 of 2009, s. 2 (w.e.f. 31-12-2009).  

23 

 
                                                 
(i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; 

(ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;   

(b)  any  reference  to  a  Magistrate  of  the  second  class  shall,  in  relation  to  an  area  outside  a 
metropolitan  area,  be  construed  as  a  reference  to  a  Judicial  Magistrate  of  the  second  class,  and,  in 
relation to a metropolitan area, as a reference to a Metropolitan Magistrate; 

(c)  any reference to a Magistrate of the first class shall,— 

(i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate 

exercising jurisdiction in that area; 

(ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the 

first class exercising jurisdiction in that area; 

(d)  any  reference  to  the  Chief  Judicial  Magistrate  shall,  in  relation  to  a  metropolitan  area,  be 

construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area. 

(2)  In  this  Code,  unless  the  context  otherwise  requires,  any  reference  to  the  Court  of  a  Judicial 
Magistrate  shall,  in  relation  to  a  metropolitan  area,  be  construed  as  a  reference  to  the  Court  of  the 
Metropolitan Magistrate for that area. 

(3)  Unless  the  context  otherwise  requires,  any  reference  in  any  enactment  passed  before  the 

commencement of this Code,— 

(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of 

the first class; 

(b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a 

Judicial Magistrate of the second class; 

(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, 

respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate; 

(d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, 
and any reference to a Magistrate of the first class or of the second class in relation to such area, shall 
be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area. 

(4)  Where,  under  any  law,  other  than  this  Code,  the  function  exercisable  by  a  Magistrate  relate  to 

matters,— 

(a) which involve the appreciation or sifting of evidence or the formulation of any decision which 
exposes  any  person  to  any  punishment  or  penalty  or  detention  in  custody  pending  investigation, 
inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject 
to the provisions of this Code, be exercisable by a Judicial Magistrate; or 

(b)  which  are  administrative  or  executive  in  nature,  such  as,  the  granting  of  a  licence,  the 
suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, 
they shall, subject as aforesaid, be exercisable by an Executive Magistrate.  

STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep  

Insertion  of  New  section  3A.  —In  the  Code,  as  it  applies  to  the  Union  territory  of  Andaman  and 

Nicobar Islands, after section 3, the following section shall be inserted, namely:—  

“3A. Special provision relating to Andaman and Nicobar Islands. —(1) Reference in this Code to— 

(a) The Chief Judicial Magistrate shall be construed as references to the District  Magistrate or, where 

the State Government so directs, also to the Additional District Magistrate; 

24 

 
 
(b) a  Magistrate or  Magistrate of the first class or of the second class or Judicial Magistrate of the first 
class or of the second class, shall be construed as references to such Executive Magistrate as the State 
Government may, be notification in the Official Gazette, specify. 

(2)  The  State  Government  may,  if  it  is  of  opinion  that  adequate  number  of  persons  are  available  for 
appointment as Judicial Magistrate,  by notification in the Official Gazette, declare that the provisions of this 
section shall, on and from such day as may be specified in the notification, cease to be in force and different 
dates may be specified for different islands. 

(3) On the cesser of operation of the provisions of this section, every inquiry or trial pending, immediately 
before  such  cesser,  before  the  District    Magistrate  or  Additional  District    Magistrate  or  any  Executive 
Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached 
before, such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.”. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 3] 

4.  Trial  of  offences  under  the  Indian  Penal  Code  and  other  laws.—(1)  All  offences  under  the 
Indian  Penal  Code  (45  of  1860)  shall  be  investigated,  inquired  into,  tried,  and  otherwise  dealt  with 
according to the provisions hereinafter contained. 

(2)  All  offences  under  any  other law  shall  be investigated,  inquired  into,  tried,  and  otherwise  dealt 
with according to the same provisions, but subject to any enactment for the time being in force regulating 
the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. 

STATE AMENDMENT 

Manipur 

In section 4 of the principal Act, the clauses (a) and (b) shall be re-arranged as follows, namely:-- 

"(a)  to  such  class  or  category  of  the  members  of  the  Forces  charged  with  the  maintenance  of 

public order, or 

(b)  to  such  class  or  category  of  other  public  servants  of  the  Forces  persons  to  whom  the 
provisions of sub-section (1) or sub-section (2) apply) charged with the maintenance or public order, 
as may be specified in the notification, wherever they may be serving, and thereupon the provisions 
of  sub-section  (2)  shall  apply  as  if  for  the  expression  ‘Central  Government’  occurring  therein,  the 
expression, 'State Government' were substituted.". 

[Vide Manipur Act 10 of 1983, s. 4] 
Manipur 

In relation to trial of the offences specified in clause (a) of sub-section (1) of section 4 of this Act, any reference 
to  a  Magistrate  in  Chapters  XIX  and  XX  of  the  Code  shall  be  construed  as  reference  to  a  Specified  Execution 
Magistrate and the expression “Any Magistrate in the Sixth Column of the First Schedule to the Code shall include 
Specified Executive Magistrate.  

[Vide Manipur Act 3 of 1985, s. 4(2) and The Schedule] 

5.  Saving.—Nothing  contained  in  this  Code  shall,  in  the  absence  of  a  specific  provision  to  the 
contrary, affect any special or local law for the time being in force, or any special jurisdiction or power 
conferred, or any special form of procedure prescribed, by any other law for the time being in force. 

Manipur 
In section 5 of the principal Act,-- 

STATE AMENDMENT 

(i) in between the figures and commas "396," and "399," , the figures and comma "397," shall be inserted; 

(ii) in between the words “or” and “Session”, the words “the Court of” shall be inserted. 

[Vide Manipur 10 of 1983, s. 5] 

25 

 
 
CHAPTER II 
CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

6. Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, 

other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:— 

(i) Courts of Session; 
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; 
(iii) Judicial Magistrates of the second class; and 
(iv) Executive Magistrates. 

7.  Territorial  divisions.—(1)  Every  State  shall  be  a  sessions  division  or  shall  consist  of  sessions 
divisions;  and  every  sessions  divisions  shall,  for  the  purposes  of  this  Code,  be  a  district  or  consist  of 
districts: 

Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and 

district. 

(2) The State Government may, after consultation with the High Court, alter the limits or the number 

of such divisions and districts. 

(3) The State Government may, after consultation with the High Court, divide any district into sub-

divisions and may alter the limits or the number of such sub-divisions. 

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this 

Code, shall be deemed to have been formed under this section. 

8. Metropolitan areas.—(1) The State Government may, by notification, declare that, as from such 
date  as  may  be  specified  in  the  notification,  any  area  in  the  State  comprising  a  city  or  town  whose 
population exceeds one million shall be a metropolitan area for the purposes of this Code. 

(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and 
Madras  and  the  city  of  Ahmedabad  shall  be  deemed  to  be  declared  under  sub-section  (1)  to  be  a 
metropolitan area. 

(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan 
area but the reduction  or alteration shall not be so made as to reduce the population of such area to less 
than one million. 

(4) Where,  after  an area  has  been  declared,  or  deemed  to  have  been  declared  to  be,  a  metropolitan 
area, the population of such area falls below one million, such area shall, on and from such date as the 
State  Government  may,  by  notification,  specify  in  this  behalf,  cease  to  be  a  metropolitan  area;  but 
notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before 
any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had 
not taken place. 

(5)  Where  the  State  Government  reduces  or  alters,  under  sub-section  (3),  the  limits  of  any 
metropolitan area, such  reduction  or  alteration  shall  not  affect  any inquiry,  trial  or  appeal  pending 
immediately  before such reduction or alteration before any Court or Magistrate, and every such inquiry, 
trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not 
taken place. 

Explanation.—In  this  section,  the  expression  “population”  means  the  population  as 

ascertained at the last preceding census of which the relevant figures have been published. 

STATE AMENDMENT 

Delhi 

In its application to the National Capital Territory of Delhi, in section 8,— 

(a) in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof”; 
(b) for sub-section (3), substitute the following sub-section, namely:— 

26 

 
 
“(3) The State Government may, by notification divide a metropolitan area into two or more such 

areas or extend or reduce or alter the limits of a metropolitan area: 

Provided that— 

(a) the division of metropolitan area shall not be so made as to result in the population of any of the 

areas into which it has been divided being less than one million; and 

(b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population 

of such area to less than one million.”; 

(c) after sub-section (4), insert the following sub-section, namely: — 

“(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue 
such directions as it deems fit with respect to the disposal of the proceedings pendings immediately 
before such division before any Magistrate or court having jurisdiction in respect of such area.” 

[Vide Delhi Act 9 of 2011, s. 2] 

9. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions 

division. 

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. 

(3)  The  High  Court  may  also  appoint  Additional  Sessions  Judges  and  Assistant  Session  Judges  to 

exercise jurisdiction in a Court of Session. 

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an 
Additional  Sessions Judge  of  another  division,  and in  such  case he  may  sit  for  the  disposal  of  cases at 
such place or places in the other division as the High Court may direct. 

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the 
disposal of any urgent application which is, or may be, made or pending before such Court of Session by 
an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a 
Chief  Judicial  Magistrate,  in  the  sessions  division;  and  every  such  Judge  or  Magistrate  shall  have 
jurisdiction to deal with any such application. 

(6)  The  Court  of  Session  shall  ordinarily  hold  its  sitting  at  such  place  or  places  as  the  High  Court 
may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will 
tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the 
sessions  division,  it  may,  with  the  consent  of  the  prosecution  and  the  accused,  sit  at  that  place  for  the 
disposal of the case or the examination of any witness or witnesses therein. 

Explanation.—For  the  purposes  of  this  Code,  “appointment”  does  not  include  the  first  appointment, 
posting or promotion of a person by the Government to any Service, or post in connection with the affairs of 
the  Union  or  of  a  State,  where  under  any  law,  such  appointment,  posting  or  promotion  is  required  to  be 
made by Government. 

27 

 
West Bengal.— 

STATE AMENDMENT 

To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:— 

Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions 
Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of 
the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of 
the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that 
sub-division,  for  the  purposes  of  sub-section  (7)  of  session  116,  sections  193  and  194,  clause  (a)  of 
section 209 and sections 409, 439 and 449: 

Provided further that the above powers shall not be in derogation of the powers otherwise exercisable 

by an Additional Sessions Judge or a Sessions Judge under this Code.”. 

[Vide West Bengal Act, 24 of 1988, s. 3.] 

Orissa 

Amendment  of  section  9.-In  Section  9  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974) 
(hereinafter referred to as the principal Act), to sub-section (3), the following provisions shall be added, 
namely:— 

       “Provided  that    notwithstanding  anything  to  the  contrary  contained  in  this  Code,  an  Additional 
Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, 
wherein  the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions 
shall  have  all  the  powers  of  the  Sessions  Judge  under  this    Code,  in  respect  of  the  cases  and  the 
proceedings  in  the  Criminal  Courts in  that  district  or  subdivision for the  purposes  of sub-section (7)  of 
section 116, sections 193 and 194, clause (a) of section 209 and sections 409 and 449: 

  Provided  further  that  the  above  powers  shall  be  not  be  in  derogation  of  the  powers  otherwise 
exercisable by an Additional Sessions Judge or  a Sessions Judge under this Code.” 

[Vide Orissa Act 6 of 2004, s. 2] 

Uttar Pradesh 

Amendment of section 9 of Act 2 of 1974.—In section 9 of the Code of Criminal Procedure, 1973, 
hereinafter referred to as the said Code, in sub-section (6), the following proviso shall be inserted, namely 
:— 

“Provided that the Court of Session may hold, or the High Court may direct the Court of session 
to  hold,  its  sitting  in  any  particular  case  at  any  place  in  the  session  division,  where  it  appears 
expedient to do so for consideration of internal security or public order, and in such cases, the consent 
of the prosecution and the accused shall not be necessary.” 

[Vide Uttar Pradesh Act 16 of 1976, s. 2] 

Uttar Pradesh 

In section 9 of the Code of Criminal Procedure, 1973 hereinafter referred to the said Code,  after sub-

section (5), the following sub-section shall be inserted, namely ; 

“(5-A)  In the event of the death, resignation, removal or transfer of the Sessions Judge, or of his being 
incapacitated by illness or otherwise for the performance of his duties, or of his absence from the place at 
which his court is held, the senior-most among the Additional Sessions Judges, and the Assistant sessions 
Judges present at the place, and in their absence the Chief Judicial Magistrate shall without relinquishing 
his ordinary duties, assume charge of the office of the Sessions Judge and continue in charge thereof until 
the officer is resumed by the Sessions Judge or assumed by an officer appointed thereto, and shall subject 

28 

 
 
 
to the  provision  of this  Code  and  any  rules  made  by  the  High  Court  in  this behalf,  exercise  any  of  the 
powers of the Sessions Judge. ” 

[Vide Uttar Pradesh Act 1 of 1984, s. 2] 

10.  Subordination  of  Assistant  Sessions  Judges.—(1)  All  Assistant  Sessions  Judges  shall  be 

subordinate to the Sessions Judge in whose Court they exercise jurisdiction. 

(2)  The  Sessions  Judge  may,  from  time  to  time,  make  rules  consistent  with  this  Code,  as  to  the 

distribution of business among such Assistant Sessions Judges. 

(3)  The  Sessions  Judge  may  also  make  provision  for  the  disposal  of  any  urgent  application,  in  the 
event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no 
Additional  or  Assistant  Sessions  Judge,  by  the  Chief  Judicial  Magistrate,  and  every  such  Judge  or 
Magistrate shall be deemed to have jurisdiction to deal with any such application. 

11. Courts of Judicial Magistrates.—(1) In every district (not being a metropolitan area) there shall 
be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such 
places, as the State Government may, after consultation with the High Court, by notification, specify: 

1[Provided that the State Government may, after consultation with the High Court, establish, for any 
local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try 
any particular case or particular class of cases, and where any such Special Court is established, no other 
Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of 
which such Special Court of Judicial Magistrate has been established.] 

(2) The presiding officers of such Courts shall be appointed by the High Court. 
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of  
a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the 
State, functioning as a Judge in a Civil Court. 

STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of 
section 11, for the words “any member of the judicial service of the state functioning as a judge in a civil 
court”, the words “any person discharging the functions of a civil court”, shall be substituted. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 4] 

Uttar Pradesh 
Amendment  of  section  11.—  In  section  11  of  the  said  Code,  after  sub-section  (1)  the  following  sub-
section shall be inserted and be deemed always to have been inserted, namely :— 

“(1-A) The State Government may like-wise establish as many Courts of Judicial Magistrates of 
the first class and of the second class in respect to particular cases, or to a particular class or particular 
classes of cases; or in regard to cases, generally, in any local area.” 

[Vide Uttar Pradesh Act 16 of 1976, s. 3] 

12.  Chief  Judicial  Magistrate  and  Additional  Chief  Judicial  Magistrate,  etc.—(1)  In  every  district  (not 
being  a  metropolitan  area),  the  High  Court  shall  appoint  a  Judicial  Magistrate  of  the  first  class  to  be  the  Chief 
Judicial Magistrate. 

(2)  The  High  Court  may  appoint  any  Judicial  Magistrate  of  the  first  class  to  be  an  Additional  Chief  Judicial 
Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or 
under any other law for the time being in force as the High Court may direct. 

(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-

divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. 

1. Added by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978). 

29 

 
                                                 
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall 
also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than 
Additional  Chief  Judicial  Magistrates)  in  the  sub-division  as  the  High  Court  may,  by  general  or  special  order, 
specify in this behalf. 

STATE AMENDMENT 

Uttar Pradesh 

In  section  12  of  the  said  Code,  after  sub-section  (3),  the  following  sub-section  shall  be  inserted, 

namely ; 

“(4) Where the Office of the Chief Judicial Magistrate is vacant or he is incapacitated by illness, 
absence or otherwise for the performance of his duties, the senior-most among the Additional Chief 
Judicial Magistrate and other Judicial Magistrate present at the place, and in their absence the District 
Magistrates present at the place, and in their absence the District Magistrate and in his absence the 
senior-most Executive Magistrate shall dispose of the urgent work of the Chief Judicial Magistrate.” 

[Vide Uttar Pradesh Act 1 of 1984, s. 3] 

13. Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State Government 
so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers 
conferred or conferrable by or under this Code on a Judicial Magistrate  1[of the first class or of the second class, in 
respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:] 

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience 

in relation to legal affairs as the High Court may, by rules, specify. 

(2)  Such  Magistrates  shall  be  called  Special  Judicial  Magistrates  and  shall  be  appointed  for  such  term,  not 

exceeding one year at a time, as the High Court may, by general or special order, direct. 

2[(3)  The  High  Court  may  empower  a  Special  Judicial  Magistrate  to  exercise  the  powers  of  a  Metropolitan 

Magistrate in relation to any metropolitan area outside his local jurisdiction.] 

STATE AMENDMENT 

Assam 

For section 13 of the Code, the following shall be substituted, namely:— 

“13. (1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in 

any district in the State of Assam.  

(2) The State Government, or subject to the control of the State Government, the District Magistrate may place 

one or more Sub divisional Magistrates in charge of a subdivision”. 

[Vide Assam Act 13 of 1964, s. 2.] 

Himachal Pradesh 

Amendment of Section 13.— in Sub-section (1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 
1974) in its application to the State of Himachal Pradesh for the words “in any district” the words “in any local area” 
shall be substituted. 

[Vide Himachal Pradesh Act 40 of 1976, s. 2.] 

Andhra Pradesh and Telangana 

Amendment of section 13, Act (2 of 1974).-In the Code of Criminal Procedure, 1973 (hereinafter referred to as the 
Principal Act) in section 13, in sub-section (2) for the words “not exceeding one year at a time” the words “not exceeding 
two years at a time” shall be substituted and to the said sub-section the following proviso, shall be added, namely:- 

“Provided that any person who is holding the office of Special Judicial Magistrate at the commencement of the Code 
of  Criminal  Procedure  (Andhra  Pradesh  Amendment)  Act,  1992  and  has  not  completed  sixty  five  years  of  age  shall 
continue to hold office for a term of two years from the date of his appointment”. 
[Vide Andhra Pradesh Act 2 of 1992, s. 2] 

1.  Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-1978). 
2.  Ins. by  s. 4, ibid. (w.e.f. 18-12-1978). 

30 

 
                                                 
Uttar Pradesh 

Amendment  of  section  13.—In  section  13  of  said  Code,  for  the  words  “second-class”  the  words 
“first  or  second-class”  shall  be  substituted  and  for  the  words  “in  any  district”,  the  words  “in  any  local 
area” shall be substituted. 

[Vide Uttara Pradesh Act 16 of 1976, s. 4] 

14.  Local  jurisdiction  of  Judicial  Magistrates.—(1)  Subject  to  the  control  of  the  High  Court,  the  Chief  Judicial 
Magistrate  may,  from  time  to  time,  define  the  local  limits  of  the  areas  within  which  the  Magistrates  appointed  under 
section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under 
this Code: 

1[Provided  that  the  Court  of  Special  Judicial  Magistrate  may  hold  its  sitting  at  any  place  within  the  local  area  for 

which it is established.] 

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend 

throughout the district. 

2[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to 
an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference 
in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to 
such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a 
reference  to  the  Court  of  Session,  Chief  Judicial  Magistrate,  or  Chief  Metropolitan  Magistrate,  as  the  case  may  be, 
exercising jurisdiction in relation to the said district or metropolitan area.] 
STATE AMENDMENT 

Maharashtra  

Insertion of section 14A in Act 2 of 1974.—after section 14 of the Code of Criminal  Procedure, 1973 (2 of 
1974),  in  its  application  to  the  State  of  Maharashtra  (hereinafter  referred  to  as  “the  said  Code”),  the  following 
section shall be inserted, namely:- 

14A.  Investing  Judicial  Magistrates  with  jurisdiction  in  specified  cases  or  local  area.—The  High  Court 
may  invest  any  Judicial  Magistrate  with  all  or  any  of  the  powers  conferred  or  conferrable  by  or  under  this  Code 
upon a Judicial Magistrate  in respect to particular cases or to a particular class or classes of cases or in regard to 
cases generally in any local area consisting of all or any of the districts specified by it in this behalf. 
[Vide Maharashtra Act 23 of 1976, s. 2] 

15.  Subordination  of  Judicial  Magistrates.—(1)  Every  Chief  Judicial  Magistrate  shall  be  subordinate  to  the 
Sessions Judge; and every other Judicial Magistrate  shall, subject to the general control of the Sessions Judge, be 
subordinate to the Chief Judicial Magistrate. 

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this 

Code, as to the distribution of business among the Judicial Magistrates subordinate to him. 

16. Courts of Metropolitan Magistrates.—(1) In every  metropolitan area, there  shall be  established as  many 
Courts  of  Metropolitan  Magistrates,  and  at  such  places,  as  the  State  Government  may,  after  consultation  with  the 
High Court, by notification, specify. 

(2) The presiding officers of such Courts shall be appointed by the High Court.  
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. 

Uttar Pradesh 

STATE AMENDMENT 

In  section  16  of  the  said  Code,  after  sub-section  (3),  the  following  sub-section  shall  be  inserted, 

namely :— 

“(4) Where  the  Office  of the  Chief Metropolitan Magistrate  is  vacant  or  he  is  incapacitated  by 
illness, absence or otherwise for the performance of his duties, the senior-most among the Additional 
Chief Metropolitan Magistrate and other Metropolitan Magistrate present at the place, shall dispose of 
the urgent work of the Chief Metropolitan Magistrate.” 

[Vide Uttar Pradesh Act 1 of 1984, s. 4] 

17.  Chief  Metropolitan  Magistrate  and  Additional  Chief  Metropolitan  Magistrate.—(1)  The  High  Court 

1.  Added by Act 45 of 1978,  s. 5, (w.e.f. 18-12-1978). 
2.  Ins. by s. 5, ibid. (w.e.f. 18-12-1978). 

31 

 
                                                 
shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the 
Chief Metropolitan Magistrate for such metropolitan area. 

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, 
and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under 
any other law for the time being in force as the High Court may direct. 

18.  Special  Metropolitan  Magistrates.—(1)  The  High  Court  may,  if  requested  by  the  Central  or  State 
Government so to do, confer upon any person who holds or has held any post under the Government, all or any of 
the  powers  conferred  or  conferrable  by  or  under  this  Code  on  a  Metropolitan  Magistrate,  in  respect  to  particular 
cases or to particular classes of cases 1*** , in any metropolitan area within its local jurisdiction: 

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience 

in relation to legal affairs as the High Court may, by rules, specify. 

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not 

exceeding one year at a time, as the High Court may, by general or special order, direct. 

2[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan 
Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first 
class.] 

Andhra Pradesh and Telangana 

STATE AMENDMENT 

Amendment of section 18.- In section 18 of the Principal Act, in sub-section (2) for the words “not exceeding one 
year  at  a  time,”  the  words  “not  exceeding  two  year  at  a  time,”  the  words  “not  exceeding  two  years  at  a  time”  shall  be 
substituted and to the said sub-section the following proviso shall be added, namely:- 

“Provided  that  a  person  who  is  holding  the  office  of  Special  Metropolitan  Magistrate  at  the  commencement  of  the 
Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty five years of age shall 
continue to hold office for a term of two years from the date of his appointment”. 
[Vide the Andhra Pradesh Act 2 of 1992, s. 3] 
Maharashtra  
Amendment of section 18 of Act 2 of 1974.—In section 18 of the said Code, in sub-section (1), for the words “in 
any metropolitan area” the words “in one or more metropolitan areas” shall be substituted. 
[Vide Maharashtra Act 23 of 1976, s. 3] 

19. Subordination of Metropolitan Magistrates.—(1) The Chief Metropolitan Magistrate and every Additional 
Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate 
shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate. 

(2)  The  High  Court  may,  for  the  purposes  of  this  Code,  define  the  extent  of  the  subordination,  if  any,  of  the 

Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate. 

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with 
this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business 
to an Additional Chief Metropolitan Magistrate. 

20.  Executive  Magistrates.—(1)  In  every  district  and  in  every  metropolitan  area,  the  State  Government  may 
appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District 
Magistrate. 

(2) The  State  Government  may  appoint  any  Executive  Magistrate  to  be  an  Additional  District  Magistrate,  and 
such Magistrate shall have 3[such] of the powers of a District Magistrate under this Code or under any other law for 
the time being in force 4[as may be directed by the State Government]. 

 (3)  Whenever,  in  consequence  of  the  office  of  a  District  Magistrate  becoming  vacant,  any  officer  succeeds 
temporarily  to  the  executive  administration  of  the  district,  such  officer  shall,  pending  the  orders  of  the  State 
Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on 
the District Magistrate. 

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him 
of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-
divisional Magistrate.  

1. The words “or to cases generally” omitted by Act 45 of 1978, s. 6 (w.e.f. 18-12-1978). 
2. Subs. by s. 6,  ibid., for sub-section (3) (w.e.f. 18-12-1978). 
3. Subs. by s. 7, ibid.,  for “all or any” (w.e.f. 18-12-1978). 
4. Ins. by s. 7, ibid., (w.e.f. 18-12-1978). 

32 

 
                                                 
1[(4A) The State Government may, by general or special order and subject to such control and directions as it 

may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.] 

(5)  Nothing  in  this  section  shall  preclude  the  State  Government  from  conferring,  under  any  law  for  the  time 
being in  force, on a Commissioner of Police, all or any of  the powers of an Executive  Magistrate  in relation to a 
metropolitan area. 

STATE AMENDMENT 

Uttar Pradesh 

In  section  20  of  the  said  Code,  after  sub-section  (5),  the  following  sub-section  shall  be  inserted, 

namely :— 

  “(6)  the  State  Government  may  delegate  its  powers  under  sub-section  (4)  to  the  District 

Magistrate.” 
[Vide Uttar Pradesh Act 1 of 1984, s. 5] 

21.  Special  Executive  Magistrates.—The  State  Government  may  appoint,  for  such  term  as  it  may  think  fit, 
Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of 
particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under 
this Code on Executive Magistrates, as it may deem fit. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of section 21.— In section 21 of the said Code, in sub-section (2) the following proviso 

shall be inserted and deemed always to have been inserted, namely :— 

“Provided that nothing in this sub-section shall be construed to prohibit the State Government from 

exercising its control over Assistant Public Prosecutor through police officers.” 
[Vide the Uttar Pradesh Act 16 of 1976, s. 5] 

22.  Local  Jurisdiction  of  Executive  Magistrates.—(1)  Subject  to  the  control  of  the  State  Government,  the 
District  Magistrate  may,  from  time  to  time,  define  the  local  limits  of  the  areas  within  which  the  Executive 
Magistrates may exercise all or any of the powers with which they may be invested under this Code. 

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall 

extend throughout the district. 

23.  Subordination  of  Executive  Magistrates.—(1)  All  Executive  Magistrates,  other  than  the  Additional 
District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the 
Sub-divisional  Magistrate)  exercising  powers  in  a  sub-division  shall  also  be  subordinate  to  the  Sub-divisional 
Magistrate, subject, however, to the general control of the District Magistrate. 

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with 
this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to 
the allocation of business to an Additional District Magistrate. 

2[24.  Public  Prosecutors.—(1)  For  every  High  Court,  the  Central  Government  or  the  State 
Government  shall,  after  consultation  with  the  High  Court,  appoint  a  Public  Prosecutor  and  may  also 
appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal 
or other proceeding on behalf of the Central Government or State Government, as the case may be. 

(2)  The  Central  Government  may  appoint  one  or  more  Public  Prosecutors  for  the  purpose  of 

conducting any case or class of cases in any district or local area. 

(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint 

one or more Additional Public Prosecutors for the district: 

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be 
appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another 
district. 

1. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23-6-2006). 
2. Subs. by Act 45 of 1978, s. 8, for section 24 (w.e.f. 18-12-1978). 
33 

 
                                                 
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of 
persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors 
for the district. 

(5)  No  person  shall  be  appointed  by  the  State  Government  as  the  Public  Prosecutor  or  Additional 
Public Prosecutor for the district unless his name appears in the panel of names prepared by the District 
Magistrate under sub-section (4). 

(6)  Notwithstanding  anything  contained  in  sub-section  (5),  where  in  a  State  there  exists  a  regular 
Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional 
Public Prosecutor only from among the persons constituting such Cadre: 

Provided  that  where,  in  the  opinion  of  the  State  Government,  no  suitable  person  is  available  in  such 
Cadre  for  such  appointment  that  Government  may  appoint  a  person  as  Public  Prosecutor  or  Additional 
Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under 
sub-section (4). 

1[Explanation.—For the purposes of this sub-section,— 

(a)  “regular  Cadre  of  Prosecuting  Officers”  means  a  Cadre  of  Prosecuting  Officers  which 
includes  therein  the  post  of  a  Public  Prosecutor,  by  whatever  name  called,  and  which  provides  for 
promotion of Assistant Public Prosecutors, by whatever name called, to that post; 

(b)  “Prosecuting  Officer”  means  a  person,  by  whatever  name  called,  appointed  to  perform  the 
functions of a Public  Prosecutor, an Additional  Public Prosecutor  or an Assistant Public Prosecutor 
under this Code.] 

(7)  A  person  shall  be  eligible  to  be  appointed  as  a  Public  Prosecutor  or  an  Additional  Public 
Prosecutor  under  sub-section  (1)  or sub-section  (2) or  sub-section  (3)  or  sub-section (6),  only if he  has 
been in practice as an advocate for not less than seven years. 

(8) The Central Government or the State Government may appoint, for the purposes of any case or 
class of cases, a person who has been in practice as an advocate for not less than ten years as a Special 
Public Prosecutor: 

2[Provided  that  the  Court  may  permit  the  victim  to  engage  an  advocate  of  his  choice  to  assist  the 

prosecution under this sub-section.] 

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been 
in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service 
as  a  Public  Prosecutor  or  as  an  Additional  Public  Prosecutor  or  Assistant  Public  Prosecutor  or  other 
Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person 
has been in practice as an advocate.] 

STATE AMENDMENT 

Karnataka 

Amendment of section   24.-  In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 

1974) (hereinafter referred to as the principal Act) in sub-section (1),— 

(i) the words and punctuation mark “or the State Government shall”, shall be omitted; and 

(ii) for the words “appoint a Public Prosecutor” the words “or the State Government shall appoint a 

Public Prosecutor” shall be substituted. 

[Vide Karnataka Act 20 of 1982, s. 2.] 

1. Ins. by Act 25 of 2005, s. 3 (w.e.f. 23-6-2006).  
2. Ins. by Act 5 of 2009, s. 3 (w.e.f. 31-12-2009).  

34 

 
                                                 
Maharashtra  

Amendment of section 24.---In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in its 

application to the State of Maharashtra:— 

(a) in sub-section (6), the proviso shall be deleted; 

(b) after sub-section (6), the following sub-section shall be inserted, namely:— 

“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject 
to the provisions of sub-sections (4) and (5), appoint a person who has been in practice as an advocate 
for  not  less  than  seven  years,  as  the  Public  Prosecutor  or  Additional  Public  Prosecutor  for  the 
district.”. 

[Vide Maharashtra Act 33 of 2014, s. 2] 

Maharashtra  

Amendment of Section 24 of Act II of 1974.—In section 24 of the Code of Criminal Procedure, 1973 (2 
of 1974), in its application to the State of Maharashtra,— 

(a) in sub-section (1), the words “, after consultation with the High Court,” shall be deleted; (b) in 
sub-section (4), for the words “in consultation with the Sessions Judge,” the words “with the approval 
of the State Government,” shall be substituted. 

[Vide Maharashtra Act 34 of 1981, s. 2] 

Madhya Pradesh  

Amendment of Section 24.—In Section 24 of the principal Act.— 

(i)  in  sub-section  (6),  for  the  words,  “brackets  and  figure  “Notwithstanding  anything  contained  in               
sub-section  (5)”,  the  words,  brackets,  letter  and  figures  “Notwithstanding  anything  contained  in                   
sub-section  (5),  but  subject  to  the  provisions  of  sub-section  (6-A)”  shall  be  substituted  and  shall  be 
deemed to have been substituted with effect from 18th December, 1978; 

(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been 

inserted with effect from 18th December, 1978, namely:— 

“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a 
person who has been in practice as an advocate for not less than seven years as the Public Prosecutor 
or  Additional  Public  Prosecutor  for  the  district  and  it  shall  not  be  necessary  to  appoint  the  Public 
Prosecutor  or  Additional  Public  Prosecutor  for  the  district  from  among  the  person  constituting  the 
Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) 
and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this 
sub-section”; 

(iii)  in  sub-section  (7),  after  the  words,  bracket  and  figure  “sub-section  (6)”,  the  words,  brackets, 
figure and letter “or sub-section (6-A)” shall be inserted and shall be deemed to have been inserted with 
effect from 18th December, 1978; and 

(iv)  in  sub-section  (9),  for  the  words,  brackets  and  figure,  “sub-section  (7)”,  the  words,  brackets, 
figures and letter “sub-section (6-A) and sub-section (7)” shall be substituted and shall be deemed to have 
been substituted with effect from 18th December, 1978. 

[Vide Madhya Pradesh Act 21 of 1995, s. 3.] 

West Bengal 

In Sub-section (6) of section 24 of the principal Act, for the words “shall appoint a Public Prosecutor 
or  an  Additional  Public  Prosecutor  only”,  the  words  “may  also  appoint  a  Public  Prosecutor  or  an 
Additional Public Prosecutor” shall be substituted. 
[Vide West Bengal Act 26 of 1990, s. 3.]  

35 

 
West Bengal  

In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted. 

[Vide West Bengal Act 25 of 1992, s. 3.] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 24.— After sub-section (6), insert the following sub-section, namely:— 

“(6A).–Notwithstanding  anything  contained  in  sub-section  (1)  and  sub-section  (6),  the 
Government  of  the  Union  territory  of  Jammu  and  Kashmir  may  appoint  a  person  who  has  been  in 
practice  as  an  Advocate  for  not  less  than  seven  years  as  Public  Prosecutor  or  Additional  Public 
Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public 
Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and 
Public  Prosecutor  or  Additional  Public  Prosecutor  for  the  District  Court  from  amongst  the  person 
constituting the cadre of Prosecution for the State of Jammu and Kashmir.” 

[vide  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of  Central  Laws)  Order,  2020,  vide 
notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated (23-10-2020).] 
Jammu and Kashmir and Ladakh (UTs). —  

Section  24.-In  sub-section  (7),  for  “sub-section  (6)”,  substitute  “sub-section  (6)  or  sub-

section (6A)”  
[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir 
Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).] 
Uttar Pradesh.— 
In section 24 of the Code of Criminal Procedure, 1973 — 

(a) in sub-section (1), after words “Public Prosecutor” the words “and one or more Additional Public 

Prosecutors” shall be inserted and be deemed always to have been inserted : 

(b)  after  sub-section  (6),  the  following  sub-section  shall  be  inserted  and  be  deemed  always  to  have 

been inserted, namely :— 

“(7)  For  the  purposes  of  sub-section  (5)  and  (6),  the  period  during  which  a  person  has  been in 
practice as a pleader, or has rendered service as a Public Prosecutor, Additional Public Prosecutor or 
Assistant Public Prosecutor shall be deemed to be the period during which such person has been in 
practice as an advocate.” 

[Vide Uttar Pradesh Act 33 of 1978, s. 2] 

Uttar Pradesh 

In section 24 of the Code of Criminal Procedure, 1973, hereinafter referred to as said Code :— 
(a) in sub-section (1), the words “after consultation with the High Court,” shall be omitted; 
(b) sub-section (4), (5) and (6) shall be omitted. 
(c) in sub-section (7), the words “or sub-section (6)” shall be omitted. 

[Vide Uttar Pradesh Act 18 of 1991, s. 2] 

25. Assistant Public prosecutors.—(1) The State Government shall appoint in every district one or more 
Assistant  Public Prosecutors for conducting prosecutions in the Courts of Magistrates. 

1[(1A)  The  Central  Government  may  appoint  one  or  more  Assistant  Public  Prosecutors  for  the 

purpose of conducting any case or class of cases in the Courts of Magistrates.] 

(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as 

an Assistant Public Prosecutor. 

1. Ins. by Act 45 of 1978, s.  9 (w.e.f. 18-12-1978).  

36 

 
 
                                                 
(3)  Where  no  Assistant  Public  Prosecutor  is  available  for  the  purposes  of  any  particular  case,  the 
District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that 
case: 

Provided that a police officer shall not be so appointed— 

(a) if he has taken any part in the investigation into the offence with respect to which the accused 

is being prosecuted; or 

(b) if he is below the rank of Inspector. 

STATE AMENDMENT 

Orissa 

Amendment  of  section  25.—In  section  25  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974) 
(hereinafter  referred  to    as  the  said  Code),  to  sub-section  (2),  the  following  proviso  shall  be  inserted, 
namely:— 

“Provided that nothing in this sub-section shall be construed, to prohibit the State Government from 

exercising its control over Assistant Public Prosecutors through police officers.” 

[Vide Orissa Act  6 of 1995, s. 2] 

1[25A.  Directorate  of  Prosecution.—(1)  The  State  Government  may  establish  a  Directorate  of 
Prosecution  consisting  of  a  Director  of  Prosecution  and  as  many  Deputy  Directors  of  Prosecution  as  it 
thinks fit. 

(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of 
Prosecution,  only  if  he  has  been  in  practice  as  an  advocate  for  not  less  than  ten  years  and  such 
appointment shall be made with the concurrence of the Chief Justice of the High Court. 

(3)  The  Head  of  the  Directorate  of  Prosecution  shall  be  the  Director  of  Prosecution,  who  shall 

function under the administrative control of the Head of the Home Department in the State. 

(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.  

(5)  Every  Public  Prosecutor,  Additional  Public  Prosecutor  and  Special  Public  Prosecutor  appointed 
by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to 
conduct cases in the High Court shall be subordinate to the Director of Prosecution.  

(6)  Every  Public  Prosecutor,  Additional  Public  Prosecutor  and  Special  Public  Prosecutor  appointed 
by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to 
conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of 
section 25 shall be subordinate to the Deputy Director of Prosecution. 

(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution 
and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as 
the State Government may, by notification, specify. 

(8)  The  provisions  of  this  section  shall  not  apply  to  the  Advocate  General  for  the  State  while 

performing the functions of a Public Prosecutor.] 

1. Ins. by Act 25 of 2005, s.  4 (w.e.f. 23-6-2006).  

37 

 
                                                 
Karnataka 

STATE AMENDMENT 

In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), — 

(a) for sub-section (2), the following shall be substituted, namely:—“(2) The post of Director of 

prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in 
accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 
(Karnataka Act 14 of 1990).” 

(b)  for  sub-section  (5),  the  following  shall  be  substituted,  namely:—“(5)  Every  Public  Prosecutor, 
Additional  Public  Prosecutor  appointed  by  the  State  Government  from  the  cadre  of    Prosecutors  recruited 
under the recruitment rules  framed by the  Government  under the Karnataka  State  Civil Services Act, 1978 
shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor, 
Additional  Prosecutor  and  Special  Prosecutor  appointed  under  sub-section  (8)  of  section  24  shall  be 
subordinate to the Advocate General.” 

(c) in sub-section (6), for the words “Deputy Director of Prosecution,  the words “Director of Prosecution” 

shall be substituted. 

[Vide Karnataka Act 39 of 2012,  s. 2] 

Madhya Pradesh 

Substitution  of  Section  25A.—For  section  25A  of the  principal  Act,  the  following  section  shall  be 

substituted, namely: — 

“25A.  Directorate  of  Prosecution.—(1)  The  State  Government  may  establish  a  Directorate  of 
Prosecution  consisting  of  a  Director  of  Prosecution  and  as  many  Additional  Directors  of  Prosecution, 
Joint  Directors  of  Prosecution,  Deputy  Directors  of  Prosecution  and  Assistant  Directors  of  Prosecution 
and such other posts as it thinks fit. 

(2)  The  post  of  Director  of  Prosecution,  Additional  Directors  of  Prosecution,  Joint  Directors  of 
Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall 
be  filled  in  accordance  with  the  Madhya  Pradesh  Public  Prosecution  (Gazetted)  Service  Recruitment 
Rules, 1991, as amended from time to time. 

(3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function 

under the administrative control of the head of the Home Department in the State. 

(4)  Every  Additional  Director  of  Prosecution,  Joint  Director  of  Prosecution,  Deputy  Director  of 
Prosecution  and  Assistant  Director  of  Prosecution  and  other  posts  specified  in  sub-section  (2)  shall  be 
subordinate to the Director of Prosecution. 

(5)  Every  Public  Prosecutor  and  Additional  Public  Prosecutor  appointed  under  the  Madhya  Pradesh 
Public  Prosecution (Gazetted)  Service  Recruitment  Rules, 1991, shall  be  subordinate  to  the  Director of 
Prosecution  and  every  Public  Prosecutor  and  Additional  Public  Prosecutor  appointed  under                  
sub-section  (1)  of  Section  24  and  every  Special  Public  Prosecutor  appointed  under  sub-section  (8)  of 
Section 24 to conduct cases in the High Court shall be subordinate to the Advocate General. 

38 

 
(6)  Every  Public  Prosecutor  and  Additional  Public  Prosecutor  appointed  under  sub-section  (3)  of 
Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct 
cases in District Courts shall be subordinate to the District Magistrate. 

(7) The  powers  and functions  of  the  Director  of  Prosecution  shall  be  such  as  the  State  Government 

may, by notification, specify.”. 

[Vide Madhya Pradesh Act 18 of 2014, s. 3] 

Jammu and Kashmir and Ladakh (UTs).— 

Section 25A.-(i) for sub-sections (1) and (2), substitute– 

(1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of 
Prosecution  consisting  of  a  Director  General  of  Prosecution  and  such  other  officers,  as  may  be 
provided in rules to be framed by the said Government; and 

(2) The Post of Director General of Prosecution and all other officers, constituting the prosecution 

cadre, shall be filled in accordance with the rules to be framed by the said Government. 

(ii)  in  sub-section  (3),  substitute  “Director  of  Prosecution”  with  “Director  General  of 

Prosecution”; 

(iii)  for  sub-section  (4),  substitute  “(4)  subject  to  the  control  of  the  Director  General  of 

Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director.” 

(iv) substitute sub-section (5),– 

“Every  Public  Prosecutor,  Additional  Public  Prosecutor  and  Special  Public  Prosecutor 
appointed by the Government of the Union territory of Jammu and Kashmir under subsection 
(1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court 
shall be subordinate to the Advocate General.”; 

(v) for sub-section (7), substitute–  

“(7) The  powers  and functions  of  the  Director  General  of  Prosecution  and  other  officers  of the 
prosecution cadre shall be such as may be provided by the rules”. 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, Vide 
notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  Vide  Union  Territory  of  Ladakh 
Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O.3774(E), dated 
(23-10-2020).] 
Jammu and Kashmir and Ladakh (UTs).—  
Section 25A.-In sub-section (4), for “Joint Director”, substitute “Director Prosecution”.  

[Vide Order No. 3807(E) dated 26th October, 2020, the Union Territory of Jammu and Kashmir 
Reorganisation (Adaptation of Central Laws) Third Order, 2020 (w.e.f. 26-10-2020).] 

CHAPTER III 

POWER OF COURTS 

26. Courts by which offences are triable.—Subject to the other provisions of this Code,— 

(a) any offence under the Indian Penal Code (45 of 1860) may be tried by− 

(i) the High Court, or 
(ii) the Court of Session, or 
(iii) any other Court by which such offence is shown in the First Schedule to be  triable: 

39 

 
1[Provided  that  any  2[offence  under  section  376,  3[section  376A,  section  376AB,  section  376B, 
section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 
1860)] shall be tried as far as practicable by a Court presided over by a woman.]  

(b) any offence under any other law shall, when any Court is mentioned in  this behalf in such 

law, be tried by  such Court and when no Court is so mentioned, may be tried by— 

(i) the High Court, or 
(ii) any other Court by which such offence is shown in the First Schedule to be triable. 

STATE AMENDMENT 

Arunachal Pradesh  
Amendment  of  section  26.—In  the  Code  of  Criminal  Procedure,  1973  (hereafter  referred  to  as  the 
principal Act), in section 26, in the proviso to clause (a), for the words figures and letters “offence under 
section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal 
Code” the words, figures and letters “offence under section 376, section 376A, section 376AA, section 
376B, section 376C, section 376D, 376DA of section 376E of the Indian Penal Code” shall be substituted. 
[Vide Arunachal Pradesh Act 3 of 2019, s. 11] 
Uttar Pradesh 

In section 26 of the said Code, for clause (b), the following clause shall be substituted, namely :— 

“(b) any offence under any other law may be tried :— 

(i) when any court is mentioned in this behalf in such law, by such court, or by any court 

superior in rank to such court, and 

(ii) when no court is so mentioned, by any court by which such offence is shown in the First 

Schedule to be tribal, or by any court superior in rank to such court. ” 

[Vide Uttar Pradesh Act 1 of 1984, s. 6] 

27. Jurisdiction in the case of juveniles.—Any offence not punishable with death or imprisonment 
for life, committed by any person who at the date when he appears or is brought before the Court is under 
the  age  of  sixteen  years,  may  be  tried  by  the  Court  of  a  Chief  Judicial  Magistrate,  or  by  any  Court 
specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in 
force providing for the treatment, training and rehabilitation of youthful offenders. 

28. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any 

sentence authorised by law. 

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any 

sentence of death passed by any such Judge shall be subject to confirmation by the High Court. 

(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death 

or of imprisonment for life or of imprisonment for a term exceeding ten years. 

29. Sentences which Magistrates may  pass.—(1) The Court of a Chief Judicial Magistrate may pass 
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment 
for a term exceeding seven years. 

 (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not 

exceeding three years, or of fine not exceeding 4[ten thousand rupees], or of both. 

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not 

exceeding one year, or of fine not exceeding 5[five thousand rupees], or of both. 

1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009). 
2.  Subs.  by  Act  13  of  2013,  s.  11,  for  “offence  under  section  376  and  sections  376A  to  376D  of  the  Indian  Penal                                      

Code (45 of 1860)” (w.e.f. 3-2-2013). 

3. Subs. by Act 22 of 2019, s. 10, for “section 376A,  section 376B, section 376C, section 376D” (w.e.f. 21-4-2018). 
4. Subs. by Act 25 of 2005, s. 5, for “five thousand rupees” (w.e.f. 23-6-2006). 
5. Subs. by s. 5, ibid., for “one thousand rupees” (w.e.f. 23-6-2006). 
40 

 
                                                 
(4)  The  Court  of  a  Chief  Metropolitan  Magistrate  shall  have  the  powers  of  the  Court  of  a  Chief 
Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the 
first class. 

STATE AMENDMENT 

Manipur  

In section 29 of the Code, after sub-section (2), the following sub-section shall be added, namely”—  

“(2A) The Court of a Specified Executive Magistrate may pass a sentence of imprisonment for a term not 

exceeding two years, or of fine not exceeding two thousand rupees, or of both.”. 

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 
Maharashtra  
Amendment of section 29 of Act 2 of 1974.—In section 29 of the Code of Criminal Procedure, 1973 (2 
of 1974), in its application to the State of Maharashtra,—  

(a) in sub-section (2), for the words “ten thousand rupees” the words “fifty thousand rupees” shall 

be substituted;  

(b) in sub-section (3), for the words “five thousand rupees” the words “ten thousand rupees” shall 

be substituted.  

[Vide Maharashtra Act 27 of 2007, s. 2]  
Arunachal Pradesh  
Amendment of section 29.—In section 29 of the principal Act (i) in sub-section (2), for the words “ten 
thousand rupees” the words “one lakh rupees” shall be substituted.  
(i) in sub-section (3), for the words “five thousand rupees”, the words twenty five thousand rupees shall 
be substituted. 
[Vide Arunachal Pradesh Act 3 of 2019, s. 12] 

30.  Sentence  of imprisonment  in  default of fine.—(1) The  Court  of a Magistrate  may  award  such 

term of imprisonment in default of payment of fine as is authorised by law: 

Provided that the term— 

(a) is not in excess of the powers of the Magistrate under section 29; 
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed 
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for 
the offence otherwise than as imprisonment in default of payment of the fine. 

(2) The imprisonment  awarded  under this  section  may  be  in  addition to  a  substantive  sentence  of 

imprisonment for the maximum term awardable by the Magistrate under section 29. 

31. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted at 
one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal 
Code (45 of  1860), sentence him for such offences, to the several punishments prescribed therefor which such 
Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after 
the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments 
shall run concurrently.  

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the 
aggregate punishment for the several offences being in excess of the punishment which it is competent to 
inflict on conviction of a single offence, to send the offender for trial before a higher Court: 

Provided that— 

(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen  

years;  

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court 

is competent to inflict for a single offence. 

(3)  For  the  purpose  of  appeal  by  a  convicted  person,  the  aggregate  of  the  consecutive  sentences 

41 

 
passed against him under this section shall be deemed to be a single sentence.    

32. Mode of conferring powers.—(1) In conferring powers under this Code, the High Court or the 
State Government, as the case may be, may, by order, empower persons specially by name or in virtue of 
their offices or classes of officials generally be their official titles.  

 (2)  Every  such  order  shall  take  effect  from  the  date  on  which  it  is  communicated  to  the  person  so 

empowered. 

33.  Powers  of  officers  appointed.—Whenever  any  person  holding  an  office  in  the  service  of 
Government who has been invested by the High Court or the State Government with any powers under 
this Code throughout any local area is appointed to an equal or higher office of the same nature, within a 
like local area under the same State Government, he shall, unless the High Court or the State Government, 
as  the  case  may  be,  otherwise  directs,  or  has  otherwise  directed,  exercise  the same  powers  in  the  local 
area in which he is so appointed.  

34. Withdrawal of powers.—(1) The High Court or  the State Government, as the case  may be,  may 
withdraw  all  or  any  of  the  powers  conferred  by  it  under  this  Code  on  any  person  or  by  any  officer 
subordinate to it. 

(2)  Any  powers  conferred  by  the  Chief  Judicial  Magistrate  or  by  the  District  Magistrate  may  be 

withdrawn by the respective Magistrate by whom such powers were conferred. 

35.  Powers  of  Judges  and  Magistrates  exercisable  by  their  successors-in-office.—(1)  Subject  to 
the  other  provisions  of  this  Code,  the  powers  and  duties  of  a Judge  or  Magistrate  may  be  exercised  or 
performed by his successor-in-office. 

(2)  When  there  is  any  doubt  as  to  who  is  the  successor-in-office  of  any  Additional  or  Assistant 
Sessions  Judge,  the  Sessions  Judge  shall  determine  by  order  in  writing  the  Judge  who  shall,  for  the 
purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office 
of such Additional or Assistant Sessions Judge.  

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial 
Magistrate,  or  the  District  Magistrate,  as  the  case  may  be,  shall  determine  by  order  in  writing  the 
Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed 
to be the successor-in-office of such Magistrate. 

CHAPTER IV 

A.—POWERS OF SUPERIOR OFFICERS OF POLICE 

36. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of 
a police station may exercise the same powers, throughout the local area to which they are appointed, as 
may be exercised by such officer within the limits of his station. 

B.—AID TO THE MAGISTRATES AND THE POLICE 

37. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or 

police officer reasonably demanding his aid— 

(a)  in  the  taking  or  preventing  the  escape  of  any  other  person  whom  such  Magistrate  or  police 

officer is authorised to arrest; or 

(b) in the prevention or suppression of a breach of the peace; or 
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or 

public property. 

38. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a 
person other than a police officer, any other person may aid in the execution of such warrant, if the person 
to whom the warrant is directed be near at hand and acting in the execution of the warrant. 

42 

 
 
39. Public to give information of certain offences.—(1) Every person, aware of the commission of, 
or  of  the  intention  of  any  other  person  to  commit,  any  offence  punishable  under  any  of  the  following 
sections of the Indian Penal Code (45 of 1860), namely:— 

(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified 

in Chapter VI of the said Code); 

(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity 

specified in Chapter VIII of the said Code); 

(iii)  sections  161  to  165A,  both  inclusive  (that  is  to  say,  offences  relating  to  illegal 

gratification); 

(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food 

and drugs, etc.); 

(v) sections 302, 303 and 304 (that is to say, offences affecting life); 
1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);] 
(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or 

restraint in order to the committing of the theft); 

(vii)  sections  392 to 399, both  inclusive, and section  402  (that is  to  say,  offences  of robbery 

and dacoity); 

(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, 

etc.); 

(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property); 

(x) sections 449 and 450 (that is to say, offence of house trespass); 

 (xi) sections 456 to 460, both inclusive  (that is to say, offences of lurking house trespass); and  

(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes 

and bank notes), 

shall,  in  the  absence  of  any  reasonable  excuse,  the  burden  of  proving  which  excuse  shall  lie  upon  the 
person  so  aware,  forthwith  give  information  to  the  nearest  Magistrate  or  police  officer  of  such 
commission or intention. 

(2) For the purposes of this section, the term “offence” includes any act committed at any place out 

of India which would constitute an offence if committed in India. 

40.  Duty  of  officers  employed  in  connection  with  the  affairs  of  a  village  to  make  certain 
report.—(1) Every officer employed in connection with the affairs of a village and every person residing 
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest 
police station, whichever is nearer, any information which he may possess respecting— 

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property 

in or near such village; 

(b) the resort to any place within, or the passage through, such village of any person whom he 

knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender; 

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or 
any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the 
Indian Penal Code (45 of 1860); 

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under 
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in 
circumstances  which  lead  to  a  reasonable  suspicion  that  such  a  death  has  occurred  or  the 
disappearance from such village of any person in circumstances which lead to a reasonable suspicion 

1. Ins. by Act 42 of 1993, s. 3 (w.e.f. 22-05-1993). 

43 

 
                                                 
that a non-bailable offence has been committed in respect of such person; 

(e) the commission of, or intention to commit, at any place out of India near such village any act 
which, if committed in India, would be an offence punishable under any of the following sections of 
the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 
(both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D; 

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of 
person or property respecting which the District Magistrate, by general or special order made with the 
previous sanction of the State Government, has directed him to communicate information. 
(2) In this section,— 

(i) “village” includes village-lands; 
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any 
Court or authority in any territory in India to which this Code does not extend, in respect of any act 
which  if  committed  in  the  territories  to  which  this  Code  extends,  would  be  an  offence  punishable 
under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382, 
392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive); 

(iii) the words “officer employed in connection with the affairs of the village” means a member 
of the panchayat of the village and includes the headman and every officer or other person appointed 
to perform any function connected with the administration of the village. 

CHAPTER V 
ARREST OF  PERSONS 
41. When police may arrest without warrant.—(1) Any police officer may without an order from a 

Magistrate    and without a warrant, arrest any person— 

1[(a) who commits, in the presence of a police officer, a cognizable offence; 
(b)  against  whom  a  reasonable  complaint  has  been  made,  or  credible  information  has  been 
received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with 
imprisonment  for  a  term  which  may  be  less  than  seven  years  or  which  may  extend  to  seven  years 
whether with or without fine, if the following conditions are satisfied, namely:— 

(i)  the  police  officer  has  reason  to  believe  on  the  basis  of  such  complaint,  information,  or 

suspicion that such person has committed the said offence; 

(ii) the police officer is satisfied that such arrest is necessary— 

(a) to prevent such person from committing any further offence; or 
(b) for proper investigation of the offence; or 
(c)  to  prevent  such  person  from  causing  the  evidence  of  the  offence  to  disappear  or 

tampering with such evidence in any manner; or 

(d) to prevent such person from making any inducement, threat or promise to any person 
acquainted with the facts of the case so as to dissuade him from disclosing such facts to the 
Court or to the police officer; or 

(e) as unless such person is arrested, his presence in the Court whenever required cannot 

be ensured, 

and the police officer shall record while making such arrest, his reasons in writing: 

2[Provided that a police officer shall, in all cases where the arrest of a person is not required under 

the provisions of this sub-section, record the reasons in writing for not making the arrest.]; 

(ba)  against  whom  credible  information  has  been  received  that  he  has  committed  a  cognizable 
offence punishable with imprisonment for a term which may extend to more than seven years whether 
with or without fine or with death sentence and the police officer has reason to believe on the basis of 

1. Subs. by Act 5 of 2009, s. 5, for cls. (a) and (b) (w.e.f. 1-11-2010). 
2. Ins. by Act 41 of 2010, s. 2 (w.e.f. 2-11-2010).  

44 

 
                                                 
that information that such person has committed the said offence;] 

(c)  who  has  been  proclaimed  as  an  offender  either  under  this  Code  or  by  order  of  the  State 

Government; or 

(d)  in  whose  possession  anything  is  found  which  may  reasonably  be  suspected  to  be  stolen 
property  and  who  may  reasonably  be  suspected  of  having  committed  an  offence  with  reference  to 
such thing; or 

(e)  who  obstructs  a  police  officer  while  in  the  execution  of  his  duty,  or  who  has  escaped,  or 

attempts to escape, from lawful custody; or 

(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or 
(g)  who  has  been  concerned  in,  or  against  whom  a  reasonable  complaint  has  been  made,  or 
credible  information  has  been    received,  or  a    reasonable  suspicion  exists,  of  his  having    been  
concerned in, any  act  committed  at   any place out  of  India  which, if  committed  in  India, would  
have  been  punishable  as  an  offence, and  for  which he  is, under any law relating to extradition, or 
otherwise, liable to be apprehended or detained in custody in India; or 

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of 

section 356; or 

 (i)  for  whose  arrest  any  requisition,  whether  written  or  oral,  has  been  received  from  another 
police officer, provided that the requisition specifies the person to be arrested and the offence or other 
cause for which the arrest is to be made and it appears therefrom that the person might lawfully be 
arrested without a warrant by the officer who issued the requisition. 
1[(2)  Subject  to  the  provisions  of  section  42,  no  person  concerned  in  a  non-cognizable  offence  or 
against  whom  a  complaint  has  been  made  or  credible  information  has  been  received  or  reasonable 
suspicion  exists  of  his  having  so  concerned,  shall  be  arrested  except  under  a  warrant  or  order  of  a 
Magistrate.] 

2[41A.  Notice  of  appearance  before  police  officer.—(1)  3[The  police  officer  shall],  in  all  cases 
where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a 
notice directing the person against whom a reasonable complaint has been made, or credible information 
has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear 
before him or at such other place as may be specified in the notice. 

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the 

terms of the notice. 

(3) Where such person complies and continues to comply with the notice, he shall not be arrested in 
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of 
the opinion that he ought to be arrested. 

4[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to 
identify himself, the police officer may, subject to such orders as may have been passed by a competent 
Court in this behalf, arrest him for the offence mentioned in the notice.] 

41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making 

an arrest shall— 

(a)  bear  an  accurate,  visible  and  clear  identification  of  his  name  which  will  facilitate  easy 

identification; 

(b) prepare a memorandum of arrest which shall be— 

(i) attested by at least one witness, who is a member of the family of the person arrested or a 

respectable member of the locality where the arrest is made; 

1. Subs. by Act 5 of 2009, s. 5, for sub-section (2) (w.e.f. 1-11-2010).  
2. Ins. by s. 6, ibid. (w.e.f. 1-11-2010). 
3. Subs. by Act 41 of 2010, s. 3, for “The police officer may” (w.e.f. 2-11-2010).  
4. Subs. by s. 3, ibid., for sub-section (4) (w.e.f. 2-11-2010).  

45 

 
                                                 
(ii) countersigned by the person arrested; and 

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that 

he has a right to have a relative or a friend named by him to be informed of his arrest. 
41C. Control room at districts.—(1) The State Government shall establish a police control room— 

(a) in every district; and 
(b) at State level. 

(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at 
every  district,  the  names  and  addresses  of  the  persons  arrested  and  the  name  and  designation  of  the  police 
officers who made the arrests. 

(3) The control room at the Police Headquarters at the State level shall collect from time to time, details 
about the persons arrested, nature of the offence with which they are charged and maintain a database for the 
information of the general public. 

41D.  Right  of  arrested  person  to  meet  an  advocate of  his  choice during  interrogation.—When  any 
person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during 
interrogation, though not throughout interrogation.] 

42.  Arrest  on  refusal  to  give  name  and  residence.—(1)  When  any  person  who,  in  the  presence  of  a 
police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand 
of such officer, to give his name and residence or gives a name or residence which such officer has reason to 
believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained. 

(2) When the true name and residence of such person have been ascertained, he shall be released on his 

executing a bond, with or without sureties, to appear before a Magistrate if so required: 

Provided  that,  if  such  person  is  not  resident  in  India,  the  bond  shall  be  secured  by  a  surety  or  sureties 

resident in India. 

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from 
the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall 
forthwith be forwarded to the nearest Magistrate having jurisdiction. 

43.  Arrest  by  private  person  and  procedure  on  such  arrest.—(1)  Any  private  person  may  arrest  or 
cause to  be arrested any  person who  in  his presence  commits a non-bailable  and cognizable offence, or  any 
proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so 
arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in 
custody to the nearest police station. 

(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer 

shall re-arrest him. 

(3)  If  there  is  reason  to  believe  that  he  has  committed  a  non-cognizable  offence,  and  he  refuses  on  the 
demand of a police officer to give his name and residence, or gives a name or residence which such officer has 
reason  to  believe  to  be  false,  he  shall  be  dealt  with  under  the  provisions  of  section  42;  but  if  there  is  no 
sufficient reason to believe that he has committed any offence, he shall be at once released. 

44. Arrest by Magistrate.—(1) When any offence is committed  in the presence of  a Magistrate, whether 
Executive  or  Judicial,  within  his  local  jurisdiction,  he  may  himself  arrest  or  order  any  person  to  arrest  the 
offender,  and  may  thereupon,  subject  to  the  provisions  herein  contained  as  to  bail,  commit  the  offender  to 
custody. 

(2)  Any  Magistrate,  whether  Executive  or  Judicial,  may  at  any  time  arrest  or  direct  the  arrest,  in  his 
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the 
circumstances to issue a warrant. 

45. Protection of members of the Armed Forces from arrest.—(1) Notwithstanding anything contained 
in  sections  41  to  44  (both  inclusive),  no  member  of  the  Armed  Forces  of  the  Union  shall  be  arrested  for 
anything done or purported to be done by him in the discharge of his official duties except after obtaining the 
consent of the Central Government. 

46 

 
(2) The State Government  may, by  notification, direct  that the provisions of sub-section (1) shall apply  to 
such  class  or  category  of  the  members  of  the  Force  charged  with  the  maintenance  of  public  order  as  may  be 
specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if 
for the expression “Central Government” occurring therein, the expression “State Government” were substituted. 
46. Arrest how made.—(1) In making an arrest the police officer or other person making the same shall 
actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by 
word or action: 

1[Provided  that  where  a  woman  is  to  be  arrested,  unless  the  circumstances  indicate  to  the  contrary,  her 
submission  to  custody  on  an  oral  intimation  of  arrest  shall  be  presumed  and,  unless  the  circumstances 
otherwise require or unless the police officer is a female, the police officer shall not touch the person of the 
woman for making her arrest.] 

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police 

officer or other person may use all means necessary to effect the arrest. 

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence 

punishable with death or with imprisonment for life. 

2[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and 
where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain 
the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is 
committed or the arrest is to be made.] 

47. Search of place entered by person sought to be arrested.—(1) If any person acting under warrant of 
arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has 
entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand 
of  such  person  acting  as  aforesaid  or  such  police  officer,  allow  him  free  ingress  thereto,  and  afford  all 
reasonable facilities for a search therein. 

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a 
person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without 
affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search 
therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of 
any house or place, whether that of the person to be arrested or of any other person, if after notification of his 
authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance: 

Provided that, if any such place is an apartment in the actual occupancy of a female (not being the persons 
to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before 
entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every 
reasonable facility for withdrawing, and may then break open the apartment and enter it. 

 (3)  Any  police  officer  or  other  person  authorised  to  make  an  arrest  may  break  open  any  outer  or  inner 
door or window of any house or place in order to liberate himself or any other person who, having lawfully 
entered for the purpose of making an arrest, is detained therein. 

Uttar Pradesh 

STATE AMENDMENT 

In  section  47  of  the  principal  Act,  Explanation  II  inserted  by  the  U.  P.  Civil  Laws  (Reforms  and 

Amendment) Act, 1954, shall be omitted. 
[Vide Uttar Pradesh Act 57 of 1976, s. 3] 

48.  Pursuit  of  offenders  into  other  jurisdictions.—A  police  officer  may,  for  the  purpose  of  arresting 

without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 

49.  No  unnecessary  restraint.—The  person  arrested  shall  not  be  subjected  to  more  restraint  than  is 

necessary to prevent his escape. 

1. Ins. by Act 5 of 2009, s. 7 (w.e.f. 31-12-2009).  
2. Ins. by Act 25 of 2005, s. 6 (w.e.f. 23-6-2006). 

47 

 
                                                 
50. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police officer 
or other person arresting any person without warrant shall forthwith communicate to him full particulars of the 
offence for which he is arrested or other grounds for such arrest. 

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable 
offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for 
sureties on his behalf. 

1[50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.—(1) 
Every  police  officer  or  other  person  making  any  arrest  under  this  Code  shall  forthwith  give  the  information 
regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such 
other  persons  as  may  be  disclosed  or  nominated  by  the  arrested  person  for  the  purpose  of  giving  such 
information. 

(2)  The  police  officer  shall  inform  the  arrested  person  of  his  rights  under  sub-section  (1)  as  soon  as  he  is 

brought to the police station. 

(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be 

kept in the police station in such form as may be prescribed in this behalf by the State Government. 

(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the 

requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.] 

51. Search of arrested person.—(1) Whenever a person is arrested by a police officer under a warrant which 
does  not  provide  for  the  taking  of  bail,  or  under  a  warrant  which  provides  for  the  taking  of  bail  but  the  person 
arrested cannot furnish bail, and 

whenever a  person is arrested  without  warrant,  or by a private  person  under a  warrant,  and cannot legally be 

admitted to bail, or is unable to furnish bail, 

the  officer  making  the  arrest  or,  when  the  arrest  is  made  by  a  private  person,  the  police  officer  to  whom  he 
makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary 
wearing-apparel,  found  upon  him  and  where  any  article  is  seized  from  the  arrested  person,  a  receipt  showing  the 
articles taken in possession by the police officer shall be given to such person. 

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with 

strict regard to decency. 

52. Power to seize offensive weapons.—The officer or other person  making any arrest under this Code  may 
take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so 
taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code 
to produce the person arrested. 

53.  Examination  of  accused  by  medical  practitioner  at  the  request  of  police  officer.—(1)  When  a  person  is 
arrested  on  a  charge  of  committing  an  offence  of  such  a  nature  and  alleged  to  have  been  committed  under  such 
circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to 
the  commission  of  an  offence,  it  shall  be  lawful  for  a  registered  medical  practitioner,  acting  at  the  request  of  a  police 
officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to 
make  such  an examination of  the person  arrested  as  is reasonably  necessary  in order  to  ascertain the  facts  which  may 
afford such evidence, and to use such force as is reasonably necessary for that purpose. 

(2) Whenever the person of a female is to be examined under this section, the examination shall be made only 

by, or under the supervision of, a female registered medical practitioner. 
2[Explanation.—In this section and in sections 53A and 54,— 

(a)  “examination”  shall  include  the  examination  of  blood,  blood  stains,  semen,  swabs  in  case  of  sexual 
offences,  sputum  and  sweat,  hair  samples  and  finger  nail  clippings  by  the  use  of  modern  and  scientific 
techniques  including  DNA  profiling  and  such  other  tests  which  the  registered  medical  practitioner  thinks 
necessary in a particular case; 

1. Ins. by Act 25 of 2005, s. 7 (w.e.f. 23-6-2006). 
2. Subs. by Act 25 of 2005, s. 8, for the Explanation (w.e.f. 23-6-2006). 

48 

 
                                                 
(b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification 
as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has 
been entered in a State Medical Register.] 
1[53A. Examination of person accused of rape by  medical practitioner.—(1) When a person is arrested on a 
charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing 
that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a 
registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence 
of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by 
any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, 
and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested 
person and to use such force as is reasonably necessary for that purpose. 

(2) The registered medical practitioner conducting such examination shall, without delay, examine such person 

and prepare a report of his examination giving the following particulars, namely:— 

(i) the name and address of the accused and of the person by whom he was brought, 
(ii) the age of the accused, 
(iii) marks of injury, if any, on the person of the accused, 
(iv) the description of material taken from the person of the accused for DNA profiling, and 
(v) other material particulars in reasonable detail. 

(3) The report shall state precisely the reasons for each conclusion arrived at. 
(4) The exact time of commencement and completion of the examination shall also be noted in the report. 
(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who 

shall  forward  it  to  the  Magistrate  referred  to  in  section  173  as  part  of  the  documents  referred  to  in  clause  (a)  of            
sub-section (5) of that section.] 

2[54.  Examination  of  arrested  person  by  medical  officer.—(1)  When  any  person  is  arrested,  he  shall  be 
examined by a medical officer in the service of Central or State Government, and in case the medical officer is not 
available, by a registered medical practitioner soon after the arrest is made: 

Provided that where the arrested person is a female, the examination of the body shall be made only by or under 
the  supervision  of  a  female  medical  officer,  and  in  case  the  female  medical  officer  is  not  available,  by  a  female 
registered medical practitioner. 

(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the 
record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the 
approximate time when such injuries or marks may have been inflicted. 

(3)  Where  an  examination  is  made  under  sub-section  (1),  a  copy  of  the  report  of  such  examination  shall  be 
furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the 
person nominated by such arrested person.] 

Uttar Pradesh 

STATE AMENDMENT 

In section 54 of the said Code, the following sentence shall be inserted at the end, namely :— 

“The registered medical practitioner shall forthwith furnish to the arrested person a copy of the 

report of such examination free of cost.” 

[Vide Uttarkhand Act 1 of 1984, s. 7] 

3[54A. Identification of person arrested.—Where a person is arrested on a charge of committing an offence 

1. Ins. by Act 25 of 2005, s. 9 (w.e.f. 23-6-2006). 
2. Subs. by Act 5 of 2009, s. 8, for section 54  (w.e.f. 31-12-2009). 
3. Ins. by Act 25 of 2005, s. 11 (w.e.f. 23-6-2006). 

49 

 
                                                 
and his identification by any other person or persons is considered necessary for the purpose of investigation of such 
offence,  the  Court,  having  jurisdiction  may,  on  the  request  of  the  officer  in  charge  of  a  police  station,  direct  the 
person  so  arrested  to  subject himself  to  identification  by  any  person  or  persons  in  such  manner  as  the  Court  may 
deem fit:] 

1[Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of 
identification  shall  take  place  under  the  supervision  of  a  Judicial  Magistrate  who  shall  take  appropriate  steps  to 
ensure that such person identifies the person arrested using methods that person is comfortable with: 

Provided  further  that  if  the  person  identifying  the  person  arrested  is  mentally  or  physically  disabled,  the 

identification process shall be videographed.] 

STATE AMENDMENT 

Uttar Pradesh 

Insertion  of  new  section  54-A.—After  section  54  of  the  said  Code,  the  following  section  shall  be 

inserted, namely :— 

“54-A. Test identification of the Accused.— When a person is arrested on a charge of committing an 
offence and his test identification by any witness is considered necessary by any court having jurisdiction, 
it shall be lawful for Executive Magistrate acting at the instance of such court, to hold test identification 
of the person arrested. ” 
[Vide Uttar Pradesh Act 1 of 1984, s. 8] 

55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any officer in 
charge  of  a  police  station  or  any  police  officer  making  an  investigation  under  Chapter  XII  requires  any  officer 
subordinate  to  him  to  arrest  without  a  warrant  (otherwise  than  in  his  presence)  any  person  who  may  lawfully  be 
arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying 
the  person  to  be  arrested  and  the  offence  or  other  cause  for  which  the  arrest  is  to    be    made  and  the  officer  so 
required  shall,  before  making  the  arrest,  notify  to  the  person  to  be  arrested  the  substance  of  the  order  and,  if  so 
required by such person, shall show him the order. 

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.   
2[55A. Health and safety of arrested person.—It shall be the duty of the person having the custody 

of an accused to take reasonable care of the health and safety of the accused.]  

56.  Person  arrested  to  be  taken  before  Magistrate  or  officer  in  charge  of  police  station.—A 
police  officer  making  an  arrest  without  warrant  shall,  without  unnecessary  delay  and  subject  to  the 
provisions  herein  contained  as  to  bail,  take  or  send  the  person  arrested  before  a  Magistrate  having 
jurisdiction in the case, or before the officer in charge of a police station. 

57.  Person  arrested  not  to  be  detained  more  than  twenty-four  hours.—No  police  officer  shall 
detain in custody a person arrested without warrant for a longer period than under all the circumstances of 
the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under 
section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of 
arrest to the Magistrate’s Court. 

58. Police to report apprehensions.—Officers in charge of police stations shall report to the District 
Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without 
warrant, within the limits of their respective stations, whether such persons have been admitted to bail or 
otherwise. 

59. Discharge of person apprehended.—No person who has been arrested by a police officer shall 

be discharged except on his own bond, or on bail, or under the special order of a Magistrate. 

60.  Power,  on  escape,  to  pursue  and  retake.—(1)  If  a  person  in  lawful  custody  escapes  or  is 
rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest 
him in any place in India. 

1. Ins. by Act 13 of 2013, s. 12 (w.e.f. 3-2-2013).  
2. Ins. by Act 5 of 2009, s. 9 (w.e.f. 31-12-2009).  

50 

 
                                                 
(2)  The  provisions  of  section  47  shall  apply  to  arrests  under  sub-section  (1)  although  the  person 

making any such arrest is not acting under a warrant and is not a police officer having authority to arrest. 

1[60A.  Arrest  to  be  made  strictly  according  to  the  Code.—No  arrest  shall  be  made  except  in 
accordance  with the provisions of this  Code  or any  other  law for  the  time  being  in  force  providing  for 
arrest.] 

CHAPTER VI 
PROCESSES TO COMPEL APPEARANCE 
A.—Summons 

61. Form of summons.—Every summons issued by a Court under this Code shall be in writing, in 
duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, 
from time to time, by rule direct, and shall bear the seal of the Court. 

62.  Summons  how  served.—(1)  Every  summons  shall  be  served  by  a  police  officer,  or  subject  to 
such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other 
public servant. 

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or 

tendering to him one of the duplicates of the summons. 

 (3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a 

receipt therefor on the back of the other duplicate. 

63.  Service  of  summons  on  corporate  bodies  and  societies.—Service  of  a  summons  on  a 
corporation may be effected by serving it on the secretary, local manager or other principal officer of the 
corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, 
in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course 
of post. 

Explanation.—In  this  section,  “corporation”  means  an  incorporated  company  or  other  body  corporate  and 

includes a society registered under the Societies Registration Act, 1860 (21 of 1860). 

64. Service when persons summoned cannot be found.—Where the person summoned cannot, by the exercise 
of due diligence, be  found, the summons may be served by leaving one of the duplicates for him with some adult 
male member of his family residing with him, and the person with whom the summons is so left shall, if so required 
by the serving officer, sign a receipt therefor on the back of the other duplicate. 

Explanation.—A servant is not a member of the family within the meaning of this section. 

65. Procedure when service cannot be effected as before provided.—If service cannot by the exercise of due 
diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the 
duplicates  of  the  summons  to  some  conspicuous  part  of  the  house  or  homestead  in  which  the  person  summoned 
ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the 
summons has been duly served or order fresh service in such manner as it considers proper. 

66.  Service  on  Government  servant.—(1)  Where  the  person  summoned  is  in  the  active  service  of  the 
Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which 
such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by 
section 62, and shall return it to the Court under his signature with the endorsement required by that section. 

(2) Such signature shall be evidence of due service. 

67.  Service  of  summons  outside  local  limits.—When  a  Court  desires  that  a  summons  issued  by  it  shall  be 
served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate 
within whose local jurisdiction the person  summoned resides, or is, to be there served.  

68. Proof of service in such cases and when serving officer not present.—(1) When a summons issued by a 

1. Ins. by Act 5 of 2009, s.10 (w.e.f. 31-12-2009).  

51 

 
                                                 
Court  is  served  outside  its  local  jurisdiction,  and  in  any  case  where  the  officer  who  has  served  a  summons  is  not 
present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has 
been served, and a duplicate of the  summons purporting to be endorsed (in the manner provided by section 62 or 
section  64)  by  the  person  to  whom  it  was  delivered  or  tendered  or  with  whom  it  was  left,  shall  be  admissible  in 
evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. 

(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the 

Court. 

69.  Service  of  summons  on  witness  by  post.—(1)  Notwithstanding  anything  contained  in  the  preceding 
sections of this Chapter, a Court issuing a  summons to a  witness  may, in addition to and simultaneously  with the 
issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the 
place where he ordinarily resides or carries on business or personally works for gain. 

(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made 
by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing 
the summons may declare that the summons has been duly served. 

STATE AMENDMENT 

Andaman and Nicobar Islands U.T. 

In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the 

Andaman and Nicobar Islands and Lakshdeep,— 

(a) in sub-section (1), after the words “to be served by registered post” the words “or of the substance 

thereof to be served by wireless message” shall be inserted. 

(b) in sub-section (2), for the words “that the witness refused to take delivery of the summons” the words “or a 
wireless messenger  that  the  witness  refused  to  take delivery  of the summons or  the message, as  the ease  may 
be” shall be substituted. 

[Vide Andaman and Nicobar Islands U.T. Act 6 of 1977, s. 2] 

B.—Warrant of arrest 

70. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under this Code 

shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. 

 (2)  Every  such  warrant  shall  remain  in  force  until  it  is  cancelled  by  the  Court  which  issued  it,  or  until  it  is 

executed. 

71. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person may 
in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties 
for  his  attendance  before  the  Court  at  a  specified  time  and  thereafter  until  otherwise  directed  by  the  Cour t,  the 
officer to whom the warrant is directed shall take such security and shall release such person from custody.  

(2) The endorsement shall state— 

(a) the number of sureties; 

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively 

bound; 

(c) the time at which he is to attend before the Court. 

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the 

bond to the Court. 

72. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more police 

52 

 
officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is 
immediately available, direct it to any other person or persons, and such person or persons shall execute the same. 

(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or 

more of them. 

73. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of the first 
class  may  direct  a  warrant  to  any  person  within  his  local  jurisdiction  for  the  arrest  of  any  escaped  convict, 
proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. 

(2) Such person shall acknowledge in writing the receipt of the  warrant, and shall execute it if the person for 

whose arrest it was issued, is in, or enters on, any land or other property under his charge. 

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to 
the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless 
security is taken under section 71. 

74. Warrant directed to police officer.—A warrant directed to any police officer may also be executed by any 

other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed. 

75. Notification of substance of warrant.—The police officer or other person executing a warrant of arrest 

shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.  

76. Person arrested to be brought before Court without delay.—The police officer or other person executing 
a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the 
person arrested before the Court before which he is required by law to produce such person: 

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the 

journey from the place of arrest to the Magistrate’s Court. 

77. Where warrant may be executed.—A warrant of arrest may be executed at any place in India. 

78. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed outside the 
local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within 
its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or 
Commissioner  of  Police  within  the  local  limits  of  whose  jurisdiction  it  is  to  be  executed;  and  the  Executive 
Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to 
be executed in the manner hereinbefore provided. 

 (2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of 
the information against the person to be arrested together with such documents, if any, as may be sufficient to enable 
the Court acting under section 81 to decide whether bail should or should not be granted to the person. 

79. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant directed to a 
police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it 
for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of 
a police station, within the local limits of whose jurisdiction the warrant is to be executed. 

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient 
authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so 
required, assist such officer in executing such warrant. 

 (3)  Whenever  there  is  reason  to  believe  that  the  delay  occasioned  by  obtaining  the  endorsement  of  the 
Magistrate  or  police  officer  within  whose  local  jurisdiction  the  warrant  is  to  be  executed  will  prevent  such 
execution, the  police officer to  whom it is directed  may execute the  same  without such  endorsement in any place 
beyond the local jurisdiction of the Court which issued it. 

80.  Procedure  on  arrest  of  person  against  whom  warrant  issued.—When  a  warrant  of  arrest  is  executed 
outside  the  district  in  which  it  was  issued,  the  person  arrested  shall,  unless  the  Court  which  issued  the  warrant  is 

53 

 
within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent  
of  Police or  Commissioner of Police  within the local limits of whose jurisdiction the arrest was  made, or unless 
security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner. 

81. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive Magistrate 
or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person 
intended by the Court which issued the warrant, direct his removal in custody to such Court: 

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of 
such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the 
warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District 
Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the 
Court which issued the warrant: 

Provided  further  that  if  the  offence  is  a  non-bailable  one,  it  shall  be  lawful  for  the  Chief  Judicial  Magistrate 
(subject  to  the  provisions  of  section  437),  or  the  Sessions  Judge,  of  the  district  in  which  the  arrest  is  made  on 
consideration  of  the  information  and  the  documents  referred  to  in  sub-section  (2)  of  section  78,  to  release  such 
person on bail. 

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71. 

Uttar Pradesh 

In section 81 of the said Code, in sub-section (1), the following third proviso shall be inserted, namely 

STATE AMENDMENT 

:— 

“Provided also that where such person is not released on bail or where he fails to give such security as 
aforesaid, the Chief Judicial Magistrate in the case of a non-bailable offence or any Judicial Magistrate in 
the case of a bailable offence may be necessary for his removal to the court which issued the warrant.” 
[Vide Uttar Pradesh Act 1 of 1984, s. 9] 

C.—Proclamation and attachment 

82.  Proclamation  for  person  absconding.—(1)  If  any  Court  has  reason  to  believe  (whether  after  taking 
evidence  or  not)  that  any  person  against  whom  a  warrant  has  been  issued  by  it  has  absconded  or  is  concealing 
himself so that such  warrant cannot be executed, such Court may publish a  written proclamation requiring him to 
appear  at  a  specified  place  and  at  a  specified  time  not  less  than  thirty  days  from  the  date  of  publishing  such 
proclamation. 

(2) The proclamation shall be published as follows:— 

(i)  (a)  it  shall  be  publicly  read  in  some  conspicuous  place  of  the  town  or  village  in  which  such  person 

ordinarily resides; 

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily 

resides or to some conspicuous place of such town or village; 

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house; 

(ii)  the  Court  may  also,  if  it  thinks  fit,  direct  a  copy  of  the  proclamation  to  be  published  in  a  daily 

newspaper circulating in the place in which such person ordinarily resides. 

 (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly 
published on a specified day, in the manner specified in clause  (i) of sub-section (2), shall be conclusive evidence 
that the requirements of this section have been complied with, and that the proclamation was published on such day. 
1[(4)  Where  a  proclamation  published  under  sub-section  (1)  is  in  respect  of  a  person  accused  of  an  offence 
punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 

1. Ins. by Act 25 of 2005, s. 12 (w.e.f. 23-6-2006). 

54 

 
                                                 
460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required 
by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender 
and make a declaration to that effect. 

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under 

sub-section (4) as they apply to the proclamation published under sub-section (1).] 

83.  Attachment of property of person absconding.—(1) The Court issuing a proclamation under 
section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order 
the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: 

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or 

otherwise, that the person in relation to whom the proclamation is to be issued,— 

(a) is about to dispose of the whole or any part of his property, or 

(b)  is  about  to  remove  the  whole  or  any  part  of  his  property  from  the  local  jurisdiction  of  the 

Court, 

it may order the attachment simultaneously with the issue of the proclamation. 

(2)  Such  order  shall  authorise  the  attachment  of  any  property  belonging  to  such  person  within  the 
district in which it is made; and it shall authorise the attachment of any property belonging to such person 
without  such  district  when  endorsed  by  the  District  Magistrate  within  whose  district  such  property  is 
situate. 

(3) If the property ordered to be attached is a debt or other movable property, the attachment under 

this section shall be made— 

(a) by seizure; or 

(b) by the appointment of a receiver; or 

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to 

any one on his behalf; or 

(d) by all or any two of such methods, as the Court thinks fit. 

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the 
case  of  land  paying  revenue  to  the  State  Government,  be  made  through  the  Collector  of  the  district  in 
which the land is situate, and in all other cases— 

(a) by taking possession; or 

(b) by the appointment of a receiver; or 

(c)  by  an  order  in  writing  prohibiting  the  payment  of  rent  on  delivery  of  property  to  the 

proclaimed person or to any one on his behalf; or 

(d) by all or any two of such methods, as the Court thinks fit. 

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court 
may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall 
abide the order of the Court. 

 (6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as 

those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908). 

84. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the 
attachment  of,  any  property  attached  under  section  83,  within  six  months  from  the  date  of  such 
attachment, by any person other than the proclaimed person, on the ground that the claimant or objector 
has  an  interest  in  such  property,  and  that such  interest is  not liable  to  attachment  under section  83, the 

55 

 
claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part: 

Provided  that  any  claim  preferred  or  objection  made  within  the  period  allowed  by  this  sub-section 

may, in the event of the death of the claimant or objector, be continued by his legal representative. 

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the 
order of attachment is issued, or, if the claim or objection is in respect of property attached under an order 
endorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district 
in which the attachment is made. 

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: 

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it 

over for disposal to any Magistrate subordinate to him. 

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under 
sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish 
the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, 
the order shall be conclusive. 

85.  Release,  sale  and  restoration  of  attached  property.—(1)  If  the  proclaimed  person  appears 
within the time specified in the proclamation, the Court shall make an order releasing the property from 
the attachment. 

(2)  If  the  proclaimed  person  does  not  appear  within  the  time  specified  in  the  proclamation,  the 
property under the attachment shall be at the disposal of the State Government; but it shall not be sold 
until  the  expiration  of  six  months  from  the  date  of  the  attachment  and  until  any  claim  preferred  or 
objection made under section 84 has been disposed of under that section, unless it is subject to speedy and 
natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which 
cases the Court may cause it to be sold whenever it thinks fit. 

(3) If, within two years from the date of the attachment, any person whose property is or has been at 
the  disposal  of  the  State  Government,  under  sub-section  (2),  appears  voluntarily  or is apprehended  and 
brought before the Court by whose order the property was attached, or the Court to which such Court is 
subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for 
the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to 
enable him to attend within the time specified therein, such property, or,  if  the  same  has  been  sold, the 
net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue 
of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be 
delivered to him. 

86. Appeal from order rejecting application for restoration of attached property.—Any person 
referred  to  in  sub-section  (3)  of  section  85,  who  is  aggrieved  by  any  refusal  to  deliver  property  or  the 
proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of 
the first-mentioned Court. 

D.—Other rules regarding processes 

87. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it 
is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its 
reasons in writing, a warrant for his arrest— 

(a) if, either before the issue of such summons, or after the issue of the same but before the time 
fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the 
summons; or 

(b) if at such time he fails to appear and the summons is proved to have been duly served in time 
to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 

88.  Power  to  take  bond  for  appearance.—When  any  person  for  whose  appearance  or  arrest  the 

56 

 
officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such 
officer may require such person to execute a bond, with or without sureties, for his appearance in such 
Court, or any other Court to which the case may be transferred for trial. 

89. Arrest on breach of bond for appearance.—When any person who is bound by any bond taken 
under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a 
warrant directing that such person be arrested and produced before him. 

90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.—The 
provisions  contained  in  this  Chapter  relating  to  a  summons  and  warrant,  and  their  issue,  service  and 
execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this 
Code. 

CHAPTER VII 

PROCESSES TO COMPEL THE PRODUCTION OF THINGS 

A.—Summons to produce 

91.  Summons  to  produce  document  or  other  thing.—(1)  Whenever  any  Court  or  any  officer  in 
charge  of a  police  station considers  that the production  of  any  document  or  other  thing  is  necessary  or 
desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or 
before  such  Court  or  officer,  such  Court  may  issue  a  summons,  or  such  officer  a  written  order,  to  the 
person in whose possession or power such document or thing is believed to be, requiring him to attend 
and produce it, or to produce it, at the time and place stated in the summons or order. 

(2)  Any  person  required  under  this  section  merely  to  produce  a  document  or  other  thing  shall  be 
deemed to have complied with the requisition if he causes such document or thing to be produced instead 
of attending personally to produce the same. 

(3) Nothing in this section shall be deemed— 

(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ 

Books Evidence Act, 1891 (13 of 1891), or 

(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody 

of the postal or telegraph authority. 

92. Procedure as to letters and telegrams.—(1) If any document, parcel or thing in the custody of a 
postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court 
of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding 
under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may 
be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs. 

(2)  If  any  such  document,  parcel  or  thing  is,  in  the  opinion  of  any  other  Magistrate,  whether 
Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for 
any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to 
be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief 
Judicial Magistrate or Court under sub-section (1). 

B.—Search-warrants 

93.  When  search-warrant  may  be  issued.—(1)  (a)  Where  any  Court  has  reason  to  believe  that  a 
person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has 
been, or might be, addressed, will not or would not produce the document or thing as required by such 
summons or requisition, or 

(b) where such document or thing is not known to the Court to be in the possession of any person, or 

57 

 
 (c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this 
Code will be served by a general search or inspection, it may issue a search-warrant; and the person to 
whom  such  warrant  is  directed,  may  search  or  inspect  in  accordance  therewith  and  the  provisions 
hereinafter contained. 

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which 
only  the  search  or  inspection  shall  extend;  and  the  person  charged  with  the  execution  of  such  warrant 
shall then search or inspect only the place or part so specified. 

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or 
Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody 
of the postal or telegraph authority. 

94. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District 
Magistrate,  Sub-divisional  Magistrate  or  Magistrate  of  the  first  class,  upon  information  and  after  such 
inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen 
property, or for the deposit, sale or production of any objectionable article to which this section applies, or 
that  any  such  objectionable  article  is  deposited  in  any  place,  he  may  by  warrant  authorise  any  police 
officer above the rank of a constable— 

(a) to enter, with such assistance as may be required, such place, 
(b) to search the same in the manner specified in the warrant, 

(c) to take possession of any property or article therein found which he reasonably suspects to be 

stolen property or objectionable article to which this section applies, 

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until 

the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety, 

(e)  to  take  into  custody  and  carry  before  a  Magistrate  every  person  found  in  such  place  who 
appears to have been privy to the deposit, sale or production of any such property or article knowing 
or having reasonable cause to suspect it to be stolen property or,  as the case may be, objectionable 
article to which this section applies. 
(2) The objectionable articles to which this section applies are— 

(a) counterfeit coin; 
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought 
into  India  in  contravention  of  any  notification  for  the  time  being  in  force  under  section  11  of  the 
Customs Act, 1962 (52 of 1962); 

(c) counterfeit currency note; counterfeit stamps; 
(d) forged documents; 
(e) false seals; 
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860); 
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a) 

to (f). 
95.  Power  to  declare  certain  publications  forfeited  and  to  issue  search-warrants  for  the                

same.—(1) Where— 

(a) any newspaper, or book, or 
(b) any document, 

wherever  printed,  appears  to  the  State  Government  to  contain  any  matter  the  publication  of  which  is 
punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 
295A  of  the  Indian  Penal  Code  (45  of  1860),  the  State  Government  may,  by  notification,  stating  the 
grounds of its opinion, declare every    copy    of    the  issue  of  the  newspaper  containing  such  matter, 
and  every  copy  of  such  book  or  other  document  to  be  forfeited  to  Government,  and  thereupon  any 
58 

 
police officer may seize the same wherever found in India and any Magistrate may by warrant authorise 
any  police  officer  not  below  the  rank  of  sub-inspector  to  enter  upon  and  search  for  the  same  in  any 
premises where any copy of such issue, or any such book or other document may be or may be reasonably 
suspected to be. 

(2) In this section and in section 96,— 

(a) “newspaper” and “book”  have  the  same  meaning  as in the  Press  and  Registration  of  Books 

Act, 1867 (25 of 1867); 

(b) “document” includes any painting, drawing or photograph, or other visible representation. 
(3)  No  order  passed  or  action  taken  under  this  section  shall  be  called  in  question  in  any  Court 

otherwise than in accordance with the provisions of section 96. 

96. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any 
interest  in  any  newspaper,  book  or  other  document,  in  respect  of  which  a  declaration  of  forfeiture  has 
been made under section 95, may, within two months from the date of publication in the Official Gazette 
of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of 
the  newspaper,  or  the  book  or  other  document,  in  respect  of  which  the  declaration  was  made,  did  not 
contain any such matter as is referred to in sub-section (1) of section 95. 

(2) Every such application shall, where the High Court consists of three or more Judges, be heard and 
determined by a Special Bench of the High Court composed of three Judges and where the High Court 
consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High 
Court. 

(3)  On  the  hearing  of  any  such  application  with  reference  to  any  newspaper,  any  copy  of  such 
newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or 
visible representations contained in such newspaper, in respect of which the declaration of forfeiture was 
made. 

(4) The  High  Court  shall, if  it is  not  satisfied  that the  issue  of the  newspaper, or the  book  or  other 
document, in respect of which the application has been made, contained any such matter as is referred to 
in sub-section (1) of section 95, set aside the declaration of forfeiture. 

(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision 

shall be in accordance with the opinion of the majority of those Judges. 

97. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate 
or Magistrate of the first class has reason to believe that any person is confined under such circumstances 
that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such 
warrant is directed may search for the person so confined; and such search shall be made in accordance 
therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such 
order as in the circumstances of the case seems proper. 

98.  Power  to  compel  restoration  of  abducted  females.—Upon  complaint  made  on  oath  of  the 
abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any 
unlawful  purpose,  a  District  Magistrate,  Sub-divisional  Magistrate  or  Magistrate  of  the  first  class  may 
make an order for the immediate restoration of such woman to her liberty, or of such female child to her 
husband,    parent,    guardian  or  other  person  having  the  lawful  charge  of  such  child,  and  may  compel 
compliance with such order, using such force as may be necessary. 

C.—General provisions relating to searches 

99. Direction, etc., of search-warrants.—The provisions of sections 38, 70, 72, 74, 77, 78 and 79 
shall,  so  far  as  may  be,  apply  to  all  search-warrants  issued  under  section  93,  section  94,  section  95  or 
section 97. 

100. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or 
inspection under this Chapter is closed, any person  residing in, or being in charge of, such place, shall, on 
demand of the officer or other person executing the warrant, and on production of the warrant, allow him 
59 

 
free ingress thereto, and afford all reasonable facilities  for a search therein. 

(2)  If ingress into such place cannot be so obtained, the officer or other person executing the warrant 

may proceed in the manner provided by sub-section (2) of section 47.  

(3)  Where any person in or about such place is reasonably suspected of concealing about his person 
any  article  for  which  search  should  be  made,  such  person  may    be  searched  and  if  such  person  is  a 
woman, the search  shall be made by another woman with strict regard to decency.  

(4) Before making a search under this Chapter, the officer or other person about to make it shall call 
upon  two  or  more  independent  and  respectable  inhabitants  of  the  locality  in  which  the  place  to  be 
searched  is  situate  or  of  any  other  locality  if  no  such  inhabitant  of  the  said  locality  is  available  or  is 
willing to be a witness to the search, to attend and witness the search and may issue an order in writing to 
them or any of them so to do. 

(5) The search  shall  be  made  in  their  presence,  and  a  list  of  all things  seized in  the  course  of  such 
search and of the places in which they are respectively found shall be prepared by such officer or other 
person  and  signed  by  such  witnesses;  but  no  person  witnessing  a  search  under  this  section  shall  be 
required to attend the Court as a witness of the search unless specially summoned by it. 

(6)  The  occupant  of  the  place  searched,  or  some  person  in  his  behalf,  shall,  in  every  instance,  be 
permitted to attend during the search, and a copy of the list prepared under this section, signed by the said 
witnesses, shall be delivered to such occupant or person. 

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be 

prepared, and a copy thereof shall be delivered to such person. 

(8)  Any  person  who,  without  reasonable  cause,  refuses  or  neglects  to  attend  and  witness  a  search 
under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be 
deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860). 

101.  Disposal  of  things  found  in  search  beyond  jurisdiction.—When,  in  the  execution  of  a            

search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the 
things for which search is made, are found, such things, together with the list of the same prepared under 
the  provisions  hereinafter  contained,  shall  be  immediately  taken  before  the  Court  issuing  the  warrant, 
unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case 
the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to 
the contrary, such Magistrate shall make an order authorising them to be taken to such Court. 

D.—Miscellaneous 

102.  Power  of  police  officer  to  seize  certain  property.—(1)  Any  police  officer  may  seize  any 
property  which  may  be  alleged  or  suspected  to  have  been  stolen,  or  which  may  be  found  under 
circumstances which create suspicion of the commission of any offence. 

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report 

the seizure to that officer. 

1[(3)  Every  police  officer  acting  under  sub-section  (1)  shall  forthwith  report  the  seizure  to  the 
Magistrate  having  jurisdiction  and  where  the  property  seized  is  such  that  it  cannot  be  conveniently 

1. Ins. by Act 45 of 1978, s. 10  (w.e.f. 18-12-1978). 

60 

 
 
                                                 
transported to the Court, 1[or where there is difficulty in securing proper accommodation for the custody 
of  such  property,  or  where  the  continued  retention  of  the  property  in  police  custody  may  not  be 
considered necessary for the purpose of investigation,] he may give custody thereof to any person on his 
executing a  bond  undertaking  to produce the property before the Court as and when required and to give 
effect to the further orders of the Court as to the disposal of the same:] 

2[Provided that where the property seized under sub-section (1) is subject to speedy and natural decay 
and if the person entitled to the possession of such property is unknown or absent and the value of such 
property  is  less  than  five  hundred  rupees,  it  may  forthwith  be  sold  by  auction  under  the  orders  of  the 
Superintendent  of  Police  and  the  provisions  of  sections  457  and  458  shall,  as  nearly  as  may  be 
practicable, apply to the net proceeds of such sale.] 

103.  Magistrate  may  direct  search  in  his  presence.—Any  Magistrate  may  direct  a  search  to  be 

made in his presence of any place for the search of which he is competent to issue a search-warrant. 

104. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any 

document or thing produced before it under this Code. 

105. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which 

this Code extends (hereafter in this section referred to as the said territories) desires that— 

(a) a summons to an accused person, or 

(b) a warrant for the arrest of an accused person, or 

(c) a summons to any person requiring him to attend and produce a document or other thing, or to 

produce it, or 

(d) a search-warrant, 

3[issued by it shall be served or executed at any place,— 

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, 
it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of 
that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has 
been  so  served,  the  provisions  of  section  68  shall  apply  in  relation  to  such  summons  as  if  the 
presiding officer of the Court to whom it is sent were a Magistrate in the said territories; 

(ii) in any country or place outside India in respect of which arrangements have been made by the 
Central  Government  with  the  Government  of  such  country  or  place  for  service  or  execution  of 
summons  or  warrant  in  relation  to  criminal  matters  (hereafter  in  this  section  referred  to  as  the 
contracting State), it may send such summons or warrant in duplicate in such form, directed to such 
Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government 
may, by notification, specify in this behalf.] 

(2) Where a Court in the said territories has received for service or execution— 

(a) a summons to an accused person, or 

(b) a warrant for the arrest of an accused person, or 
(c) a summons to any person requiring him to attend and produce a document or other thing, or to 

produce it, or 

(d) a search-warrant, 

2[issued by— 

(I) a Court in any State or area in India outside the said territories; 

1. Ins. by Act 25 of 2005, s. 13 (w.e.f. 23-6-2006). 
2. Added by s. 13, ibid., (w.e.f. 23-6-2006). 
3. Subs. by Act 32 of 1988, s. 2, for certain words (w.e.f. 25-5-1988). 

61 

 
                                                 
(II) a Court, Judge or Magistrate in a contracting State, 

it shall cause the same to be served or executed] as if it were a summons or warrant received by it from 
another Court in the said territories for service or execution within its local jurisdiction; and where— 

(i)  a  warrant  of  arrest  has  been  executed,  the  person  arrested  shall,  so  far  as  possible,  be  dealt  with  in 

accordance with the procedure prescribed by sections 80 and 81, 

 (ii)  a  search-warrant  has  been  executed,  the  things  found  in  the  search  shall,  so  far  as  possible,  be dealt 

with in accordance with the procedure prescribed by section 101: 

1[Provided  that  in  a  case  where  a  summons  or  search-warrant  received  from  a  contracting    State  has  been 
executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the 
summons or search-warrant through such authority as the Central Government may, by notification, specify in this 
behalf.] 

2[CHAPTER VIIA 
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR 

105A. Definitions.—In this Chapter, unless the context otherwise requires,— 

ATTACHMENT AND FORFEITURE OF PROPERTY 

(a)  “contracting  State”  means  any  country  or  place  outside  India  in  respect  of  which  arrangements  have 

been made by the Central Government with the Government of such country through a treaty or otherwise; 

(b)  “identifying”  includes  establishment  of  a  proof  that  the  property  was  derived  from,  or  used  in,  the 

commission of an offence; 

(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a 

result of criminal activity (including crime involving currency transfers) or the value of any such property; 

(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or 
immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or 
assets  derived  or  used  in  the  commission  of  an  offence  and  includes  property  obtained  through  proceeds  of 
crime; 

(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property. 

105B.  Assistance  in  securing  transfer  of  persons.—(1)  Where  a  Court  in  India,  in  relation  to  a  criminal 
matter, desires that a  warrant for arrest of any person to attend or produce a document or other thing issued by it 
shall be  executed in any place in a contracting  State, it  shall send such  warrant in duplicate in  such  form  to such 
Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this 
behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. 

(2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an 
offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer 
that  the  attendance  of  a  person  who  is  in  any  place  in  a  contracting  State  is  required  in  connection  with  such 
investigation or inquiry and the  Court is satisfied that such attendance  is  so required, it shall issue a  summons or 
warrant,  in  duplicate,  against  the  said  person  to  such  Court,  Judge  or  Magistrate,  in  such  form  as  the  Central 
Government may, by notification, specify in this behalf, to cause the same to be served or executed. 

(3)  Where  a  Court  in  India,  in  relation  to  a  criminal  matter,  has  received  a  warrant  for  arrest  of  any  person 
requiring  him  to  attend  or  attend  and  produce  a  document  or  other  thing  in  that  Court  or  before  any  other 
investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it 

1. Ins. by Act 32 of 1988, s. 2, (w.e.f. 25-5-1988). 
2. Ins. by Act 40 of 1993, s. 2 (w.e.f. 20-7-1994). 

62 

 
 
                                                 
is the warrant received by it from another Court in India for execution within its local limits. 

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court 

in India or the Central Government may impose such conditions as that Court or Government deems fit. 

(5)  Where  the  person  transferred  to  India  pursuant  to  sub-section  (1)  or  sub-section  (2)  is  a  prisoner  in  a 
contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to 
India are  complied  with and such prisoner shall be kept in such custody subject to such conditions as  the  Central 
Government may direct in writing. 

105C.  Assistance  in  relation  to  orders  of  attachment  or  forfeiture  of  property.—(1)  Where  a 
Court in India has reasonable grounds to believe that any property obtained by any person is derived or 
obtained, directly or indirectly, by such person from the commission of an offence, it may make an order 
of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 
105J (both inclusive). 

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section 
(1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a 
Court or an authority in the contracting State for execution of such order. 

(3) Where a letter of request is received by the Central Government from a Court or an authority in a 
contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly 
or indirectly, by any person from the commission of an offence committed in that contracting State, the 
Central  Government  may  forward  such  letter  of  request  to  the  Court,  as  it  thinks  fit,  for  execution  in 
accordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any other 
law for the time being in force. 

105D. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on 
receipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below the 
rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. 

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect 
of  any  person,  place,  property,  assets,  documents,  books  of  account  in  any  bank  or  public  financial 
institutions or any other relevant matters. 

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer 

mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. 

105E.  Seizure  or  attachment  of  property.—(1)  Where  any  officer  conducting  an  inquiry  or 
investigation  under  section  105D  has  a  reason  to  believe  that  any  property  in  relation  to  which  such 
inquiry  or  investigation  is  being  conducted  is  likely  to  be  concealed  transferred  or  dealt  with  in  any 
manner which will result in disposal of such property, he may  make an order for seizing such property 
and where it is not practicable to seize such property, he may make an order of attachment directing that 
such  property  shall  not  be  transferred  or  otherwise  dealt  with,  except  with  the  prior  permission  of  the 
officer making such order, and a copy of such order shall be served on the person concerned. 

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an 

order of the said Court, within a period of thirty days of its being made. 

105F.  Management  of  properties  seized  or  forfeited  under  this  Chapter.—(1)  The  Court  may 
appoint the District Magistrate of the area where the property is situated, or any other officer that may be 
nominated by the District Magistrate, to perform the functions of an Administrator of such property. 

(2)  The  Administrator  appointed  under  sub-section  (1)  shall  receive  and  manage  the  property  in 
relation to which the order has been made under sub-section (1) of section 105E or under section 105H in 
63 

 
such manner and subject to such conditions as may be specified by the Central Government. 

(3)  The  Administrator  shall  also  take  such  measures,  as  the  Central  Government  may  direct,  to 

dispose of the property which is forfeited to the Central Government. 

105G.  Notice  of  forfeiture  of  property.—(1)  If  as  a  result  of  the  inquiry,  investigation  or  survey 
under  section  105D,  the  Court  has  reason  to  believe  that  all  or  any  of  such  properties  are  proceeds  of 
crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon 
him  within  a  period  of  thirty  days  specified in  the  notice  to  indicate  the source of  income,  earnings  or 
assets, out of which or by means of which he has acquired such property, the evidence on which he relies 
and other relevant information and particulars, and to show cause why all or any of such properties, as the 
case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. 

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf 

of such person by any other person, a copy of the notice shall also be served upon such other person. 

105H.  Forfeiture  of  property  in  certain  cases.—(1)  The  Court  may,  after  considering  the 
explanation,  if  any,  to  the  show-cause  notice  issued  under  section  105G  and  the  material  available 
before  it and after  giving to the  person affected (and in a case  where the  person affected  holds any 
property  specified  in  the  notice  through  any  other  person,  to  such  other  person  also)  a  reasonable 
opportunity of being heard, by order, record a finding whether all or any of the properties in question 
are proceeds of crime: 

Provided that if the person affected (and in a case where the person affected holds any property 
specified in  the notice through  any  other  person  such  other  person  also)  does not  appear  before the 
Court or represent his case before it within a period of thirty days specified in the show -cause notice, 
the  Court  may  proceed  to  record  a  finding  under  this  sub-section  ex  parte  on  the  basis  of  evidence 
available before it. 

(2) Where the Court is satisfied that some of the properties referred to in the show -cause notice 
are proceeds of  crime  but  it is  not  possible to identify  specifically such properties, then, it shall  be 
lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime 
and record a finding accordingly under sub-section (1). 

(3)  Where  the  Court  records  a  finding  under  this  section  to  the  effect  that  any  property  is 
proceeds  of  crime,  such  property  shall  stand  forfeited  to  the  Central  Government  free  from  all 
encumbrances. 

(4) Where any shares in a company stand forfeited to the Central Government under this section, 
then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) 
or  the  articles  of  association  of  the  company,  forthwith  register  the  Central  Government  as  the 
transferee of such shares. 

105-I.  Fine  in  lieu  of  forfeiture.—(1)  Where  the  Court  makes  a  declaration  that  any  property 
stands forfeited to the Central Government under section 105H and it is a case where the source of 
only  a  part  of  such  property  has  not  been  proved  to  the  satisfaction  of  the  Court,  it  shall  make  an 
order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market 
value of such part. 

(2)  Before  making  an  order  imposing  a  fine  under  sub-section  (1),  the  person  affected  shall  be 

given a reasonable opportunity of being heard. 

(3) Where the person affected pays the fine due under sub-section  (1), within such time as may 
be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 
105H and thereupon such property shall stand released. 

105J. Certain transfers to be null  and void.—Where  after  the  making  of an order  under  sub-
section (1) of section 105E or the issue of a notice under section 105G, any property referred to in the 

64 

 
said order  or  notice  is transferred by any  mode  whatsoever such transfers shall,  for  the purposes  of 
the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the 
Central  Government  under  section  105H,  then,  the  transfer  of  such  property  shall  be  deemed  to  be 
null and void. 

105K. Procedure in respect of letter of request.—Every letter of request, summons or warrant, 
received  by  the  Central  Government  from,  and  every  letter  of  request,  summons  or  warrant,  to  be 
transmitted to a contracting State under this Chapter shall be transmitted to  a contracting State or, as 
the case may be, sent to the concerned Court in India in such form and in such manner as the Central 
Government may, by notification, specify in this behalf. 

105L.  Application  of  this  Chapter.—The  Central  Government  may,  by  notification  in  the 
Official  Gazette,  direct  that  the  application  of  this  Chapter  in  relation  to  a  contracting  State  with 
which  reciprocal  arrangements  have  been  made,  shall  be  subject  to  such  conditions,  exceptions  or 
qualifications as are specified in the said notification.] 

CHAPTER VIII 

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 

106. Security for keeping the peace on conviction.—(1) When a Court of Session or Court of a Magistrate of 
the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence 
and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the 
time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace 
for such period, not exceeding three years, as it thinks fit. 

(2) The offences referred to in sub-section (1) are— 

(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence 

punishable under section 153A or section 153B or section 154 thereof; 

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief; 

(c) any offence of criminal intimidation; 

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. 

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 

(4)  An  order  under  this  section  may  also  be  made  by  an  Appellate  Court  or  by  a  Court  when  exercising  its 

powers of revision. 

107. Security for keeping the peace in other cases.—(1) When an Executive Magistrate receives information 
that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful  act 
that  may  probably  occasion  a  breach  of  the  peace  or  disturb  the  public  tranquillity  and  is  of  opinion  that  there  is 
sufficient  ground  for  proceeding,  he  may,  in  the  manner  hereinafter  provided,  require  such  person  to  show  cause 
why he should not be ordered to execute a bond  1[with or without sureties,] for keeping the peace for such period, 
not exceeding one year, as the Magistrate thinks fit. 

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where 
the  breach  of  the  peace  or  disturbance  is  apprehended  is  within  his  local  jurisdiction  or  there  is  within  such 
jurisdiction a  person  who is likely to commit a breach of the  peace or disturb the public tranquillity or to do any 
wrongful act as aforesaid beyond such jurisdiction. 

108. Security for good behaviour from persons disseminating seditious matters.—(1) When 2[an Executive 

1. Ins. by Act 45 of 1978, s. 11 (w.e.f. 18-12-1978).  
2. Subs. by Act 63 of 1980, s. 2, for “a Judicial Magistrate  of the first class” (w.e.f. 23-9-1980). 

65 

 
                                                 
Magistrate]  receives information that there is within his local jurisdiction any person who, within or without such 
jurisdiction,— 

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate 

or abets the dissemination of,— 

(a) any matter the publication of which is punishable under section 124A or section 153A or section 

153B  or section 295A of the Indian Penal Code (45 of 1860), or 

(b)  any  matter  concerning  a  Judge  acting  or  purporting  to  act  in  the  discharge  of  his  official  duties 

which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), 

(ii)  makes,  produces,  publishes  or  keeps  for  sale,  imports,  exports,  conveys,  sells,  lets  to  hire,                   

distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred 
to in section 292 of the Indian Penal Code (45 of 1860), 

and the  Magistrate  is of opinion that there  is sufficient ground for proceeding, the Magistrate  may, in the  manner 
hereinafter provided, require such person to show cause  why he should not be ordered to execute a bond,  with or 
without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. 

 (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any 
publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press 
and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except 
by the order or under the authority of the State Government or some officer empowered by the State Government in 
this behalf. 

109.  Security  for  good  behaviour  from  suspected  persons.—When  2[an  Executive  Magistrate]    receives 
information  that  there  is  within  his  local  jurisdiction  a  person  taking  precautions  to  conceal  his  presence  and  that 
there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in 
the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 
with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. 

110.  Security  for  good  behaviour  from  habitual  offenders.—When  2[an  Executive  Magistrate]    receives 

information that there is within his local jurisdiction a person who—  

(a) is by habit a robber, house-breaker, thief, or forger, or 

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or 

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or 

(d)  habitually  commits,  or  attempts  to  commit,  or  abets  the  commission  of,  the  offence  of  kidnapping, 
abduction,  extortion,  cheating  or  mischief,  or  any  offence  punishable  under  Chapter  XII  of  the  Indian  Penal 
Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or 

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of 

the peace, or 

(f) habitually commits, or attempts to commit, or abets the commission of— 

(i) any offence under one or more of the following Acts, namely:— 

(a)  the Drugs and Cosmetics Act, 1940 (23 of 1940); 

66 

 
1[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);] 

(c) the Employees’ Provident Fund 2[and Family Pension Fund] Act, 1952 (19 of 1952); 

(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954); 

(e) the Essential Commodities Act, 1955 (10 of 1955); 

(f) the Untouchability (Offences) Act, 1955 (22 of 1955); 

(g) the Customs Act, 1962 (52 of 1962); 3*** 

4[(h) the Foreigners Act, 1946 (31 of 1946); or] 

(ii)  any  offence  punishable  under  any  other  law  providing  for  the  prevention  of  hoarding  or 

profiteering or of adulteration of food or drugs or of corruption, or  

(g) is so desperate and dangerous to render his being at large without security hazardous to the community, 

such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be 
ordered to execute a bond, with sureties, for his good behaviour for  such period, not exceeding three years, as the 
Magistrate thinks fit. 

111. Order to be made.—When a Magistrate acting under section 107, section 108, section 109 or section 110, 
deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting 
forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be 
in force, and the number, character and class of sureties (if any) required. 

112. Procedure in respect of person present in Court.—If the person in respect of whom such order is made 

is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. 

113.  Summons  or  warrant  in  case  of  person  not  so  present.—If  such  person  is  not  present  in  Court,  the 
Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing 
the officer in whose custody he is to bring him before the Court: 

Provided  that  whenever  it  appears  to  such  Magistrate,  upon  the  report  of  a  police  officer  or  upon  other 
information (the substance of which report or information shall be recorded by the Magistrate), that there is reason 
to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise 
than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. 

114. Copy of order to accompany summons or warrant.—Every summons or warrant issued under section 
113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the 
officer serving or executing such summons or warrant to the person served with, or arrested under, the same. 

115. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause, dispense 
with the  personal attendance of any person called upon to show cause  why he should not be ordered to execute a 
bond for keeping the peace or for good behaviour and may permit him to appear by a pleader. 

116. Inquiry as to truth of information.—(1) When an order under section 111 has been read or explained 
under  section  112  to  a  person  present  in  Court,  or  when  any  person  appears  or  is  brought  before  a  Magistrate  in 
compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed 
to inquire into the truth of the information upon which action has been taken, and to take such further evidence as 
may appear necessary. 

1. Subs. by Act 56 of 1974, s. 3 and the Second Sch., for item (b) (w.e.f. 10-1-1975). 
2. Ins. by s. 3 and the Second Sch., ibid. (w.e.f. 10-1-1975). 
3. The word “or” omitted by Act 25 of 2005, s. 14 (w.e.f. 23-6-2006). 
4. Ins. by s. 14, ibid. (w.e.f. 23-6-2006). 

67 

 
                                                 
(2)  Such  inquiry  shall  be  made,  as  nearly  as  may  be  practicable,  in  the  manner  hereinafter  prescribed  for 

conducting trial and recording evidence in summons-cases. 

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, 
if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance 
of  the  public  tranquillity  or  the  commission  of  any  offence  or  for  the  public  safety,  may,  for  reasons  to  be 
recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a 
bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the 
inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is 
concluded: 

Provided that— 

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 

shall be directed to execute a bond for maintaining good behaviour; 

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the 
number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the 
order under section 111. 

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous 
as to render his being at large without security hazardous to the community may be proved by evidence of general 
repute or otherwise. 

(5) Where two or  more persons  have been associated together in the  matter  under inquiry, they  may be dealt 

within the same or separate inquiries as the Magistrate shall think just. 

(6)  The  inquiry  under  this  section  shall  be  completed  within  a  period  of  six  months  from  the  date  of  its 
commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of 
the  said  period,  stand  terminated  unless,  for  special  reasons  to  be  recorded  in  writing,  the  Magistrate  otherwise 
directs: 

Provided  that  where  any  person  has  been  kept  in  detention  pending  such  inquiry,  the  proceeding  against  that 

person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. 

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions 
Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was 
not based on any special reason or was perverse. 

117. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or 
maintaining  good  behaviour,  as  the  case  may  be,  that  the  person  in  respect  of  whom  the  inquiry  is  made  should 
execute a bond, with or without sureties, the Magistrate shall make an order accordingly: 

Provided that— 

(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for 

a period longer than, that specified in the order made under section 111; 

(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not 

be excessive; 

(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by 

his sureties. 

118.  Discharge  of  person  informed  against.—If,  on  an  inquiry  under  section  116,  it  is  not  proved  that  it  is 
necessary  for  keeping  the  peace  or  maintaining  good  behaviour,  as  the  case  may  be,  that  the  person  in  respect  of 
whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, 
and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in 
custody, shall discharge him. 

119.  Commencement  of  period  for  which  security  is  required.—(1)  If  any  person,  in  respect  of  whom  an 
order requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, or 
68 

 
undergoing  a  sentence  of,  imprisonment,  the  period  for  which  such  security  is  required  shall  commence  on  the 
expiration of such sentence. 

(2) In  other  cases  such  period  shall  commence  on  the  date  of  such  order  unless  the  Magistrate,  for  sufficient 

reason, fixes a later date. 

120. Contents of bond.—The bond to be executed by any such person shall bind him to keep the peace or to be 
of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment 
of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond. 

121. Power to reject sureties.—(1) A Magistrate  may refuse to accept any surety offered, or may reject any 
surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit 
person for the purposes of the bond: 

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry 
on  oath  into  the  fitness  of  the  surety,  or  cause  such  inquiry  to  be  held  and  a  report  to  be  made  thereon  by  a 
Magistrate subordinate to him. 

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by 
whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before 
him. 

(3)  If  the  Magistrate  is  satisfied,  after  considering  the  evidence  so  adduced  either  before  him  or  before  a 
Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person 
for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety 
and recording his reasons for so doing: 

Provided that, before  making an order rejecting any surety  who has previously been accepted, the Magistrate 
shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or 
to be brought before him. 

122. Imprisonment in default of security.—(1) (a) If any person ordered to give security under section 106 or 
section 117 does not give such security on or before the date on which the period for which such security is to be 
given  commences,  he  shall,  except  in  the  case  next  hereinafter  mentioned,  be  committed  to  prison,  or,  if  he  is 
already in prison, be detained in prison until such period expires or until within such period he gives the security to 
the Court or Magistrate who made the order requiring it. 

(b) If any person after having executed a 1[bond, with or without sureties] without sureties for keeping the peace 
in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his 
successor-in-office,  to  have  committed  breach  of  the  bond,  such  Magistrate  or  successor-in-office  may,  after 
recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the 
period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said 
person may be liable in accordance with law. 

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such 
Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained 
in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, 
before such Court. 

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or 
evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, 
may pass such order on the case as it thinks fit: 

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed 

three years. 

(4)  If  security  has  been  required  in  the  course  of  the  same  proceeding  from  two  or  more  persons  in  respect                 

1. Subs. by Act 25 of 2005, s. 15, for “bond without sureties” (w.e.f. 23-6-2006). 

69 

 
                                                 
of any one of  whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall 
also  include  the  case  of  any  other  of  such  persons  who  has  been  order  to  give  security,  and  the  provisions  of                  
sub-sections (2) and  (3) shall, in that event,  apply to the case of such other person also, except that the period (if 
any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. 

(5) A Sessions Judge  may  in  his discretion transfer any proceedings  laid before him  under sub-section  (2) or 
sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional 
Sessions  Judge  or  Assistant  Sessions  Judge  may  exercise  the  powers  of  a  Sessions  Judge  under  this  section  in 
respect of such proceedings. 

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court 

or Magistrate who made the order, and shall await the orders of such Court or Magistrate. 

(7) Imprisonment for failure to give security for keeping the peace shall be simple. 

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken 
under  section  108,  be  simple,  and,  where  the  proceedings  have  been  taken  under  section  109  or  section  110,  be 
rigorous or simple as the Court or Magistrate in each case directs. 

123.  Power  to  release  persons  imprisoned  for  failing  to  give  security.—(1)  Whenever  1[the  District 
Magistrate  in  the  case  of  an  order  passed  by  an  Executive  Magistrate  under  section  117,  or  the  Chief  Judicial 
Magistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chapter 
may  be  released  without  hazard  to  the  community  or  to  any  other  person,  he  may  order  such  person  to  be 
discharged. 

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or 
Court of  Session, or,  where the order  was  made by any other Court,  2[District Magistrate, in the case of an order 
passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may make 
an  order  reducing  the  amount  of  the  security  or  the  number  of  sureties  or  the  time  for  which  security  has  been 
required. 

(3) An order under sub-section  (1) may direct the discharge of such person either  without conditions or upon 

any conditions which such person accepts: 

Provided  that  any  condition  imposed  shall  cease  to  be  operative  when  the  period  for  which  such  person  was 

ordered to give security has expired. 

(4) The State Government may prescribe the conditions upon which a conditional discharge may be made. 

(5) If any condition upon which any person has been discharged is, in the opinion of 2[District Magistrate, in the 
case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other 
case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. 

(6)  When  a  conditional  order  of  discharge  has  been  cancelled  under  sub-section  (5),  such  person  may  be 
arrested by any police officer without warrant, and shall thereupon be produced before the 3[District Magistrate, in 
the case of an order passed by an Executive Magistrate  under section 117, or the Chief Judicial Magistrate in any 
other case]. 

(7)  Unless  such  person  gives  security  in  accordance  with  the  terms  of  the  original  order  for  the  unexpired 
portion of the term for which he was in the first instance committed  or ordered to be detained (such portion being 
deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date 
on which, except for such conditional discharge, he would have been entitled to release), 1[District Magistrate, in the 
case of an order  passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other 
case] may remand such person to prison to undergo such unexpired portion. 

1. Subs. by Act 45 of 1978, s. 12, for “the Chief Judicial Magistrate”  (w.e.f. 18-12-1978). 
2. Subs. by s. 12, ibid., for “Chief Judicial Magistrate”  (w.e.f. 18-12-1978). 
3. Subs. by Act 45 of 1978, s. 12, for “Chief Judicial Magistrate”  (w.e.f. 18-12-1978). 

70 

 
                                                 
(8)  A  person  remanded  to  prison  under  sub-section  (7)  shall,  subject  to  the  provisions  of  section  122,  be 
released at any time on giving security in accordance with the terms of the original order for the unexpired portion 
aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. 

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel 
any  bond  for  keeping  the  peace  or  for  good  behaviour  executed  under  this  Chapter  by  any  order  made  by  it,  and 
1[District  Magistrate,  in  the  case  of  an  order  passed  by  an  Executive  Magistrate  under  section  117,  or  the  Chief 
Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or 
under the order of any other Court in his district. 

(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under 
this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being 
made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bond 
appear or to be brought before it. 

124. Security for unexpired period of bond.—(1) When a person for whose appearance a summons or warrant 
has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears 
or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person 
and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same 
description as the original security. 

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order 

made under section 106 or section 117, as the case may be. 

CHAPTER IX 

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 

125.  Order  for  maintenance  of  wives,  children  and  parents.—(1)  If  any  person  having  sufficient  means 

neglects or refuses to maintain— 

(a) his wife, unable to maintain herself, or 

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or 

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such 

child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or 

(d) his father or mother, unable to maintain himself or herself, 

a  Magistrate  of  the  first  class  may,  upon  proof  of  such  neglect  or  refusal,  order  such  person  to  make  a  monthly 
allowance  for  the  maintenance  of  his  wife  or  such  child,  father  or  mother,  at  such  monthly  rate  1***  as  such 
Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: 

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such 
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if 
married, is not possessed of sufficient means: 

2[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance 
for  the  maintenance  under  this  sub-section,  order  such  person  to  make  a  monthly  allowance  for  the  interim 
maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate 
considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: 

Provided  also  that  an  application  for  the  monthly  allowance  for  the  interim  maintenance  and  expenses  of 
proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the 

1. Certain words omitted by Act 50 of  2001, s. 2  (w.e.f. 24-9-2001). 
2. Ins. by s. 2, ibid. (w.e.f. 24-9-2001). 

71 

 
                                                 
service of notice of the application to such person.] 

Explanation.—For the purposes of this Chapter,— 

(a)  “minor”  means  a  person  who,  under  the  provisions  of  the  Indian  Majority  Act,  1875  (9  of  1875)  is 

deemed not to have attained his majority; 

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and 

has not remarried. 

1[(2)  Any  such  allowance  for  the  maintenance  or  interim  maintenance  and  expenses  of  proceeding  shall  be 
payable  from  the  date  of  the  order,  or,  if  so  ordered,  from  the  date  of  the  application  for  maintenance  or  interim 
maintenance and expenses of proceeding, as the case may be.] 

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for 
every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and 
may sentence such person, for the whole or any part of each month’s  2[allowance for the maintenance or the interim 
maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, 
to imprisonment for a term which may extend to one month or until payment if sooner made: 

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application 

be made to the Court to levy such amount within a period of one year from the date on which it became due: 

Provided  further  that  if  such  person  offers  to  maintain  his  wife  on  condition  of  her  living  with  him,  and  she 
refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order 
under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. 

Explanation.—If  a  husband  has  contracted  marriage  with  another  woman  or  keeps  a  mistress,  it  shall  be 

considered to be just ground for his wife’s refusal to live with him. 

(4)  No  wife  shall  be  entitled  to  receive  an  3[allowance  for  the  maintenance  or  the  interim  maintenance  and 
expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, 
without  any  sufficient  reason,  she  refuses  to  live  with  her  husband,  or  if  they  are  living  separately  by  mutual 
consent. 

(5) On proof that any wife in whose favour an order has been made under this section in living in adultery,  or 
that  without  sufficient  reason  she  refuses  to  live  with  her  husband,  or  that  they  are  living  separately  by  mutual 
consent. 

Madhya Pradesh 

STATE AMENDMENTS 

Amendment of Section 125.— In sub-section (1) of section 125 of the Principal Act, for the words “five 

hundred rupees” the words “three thousand rupees” shall be substituted 

[Vide Madhya Pradesh Act, 10 of 1998, s. 3.] 

Madhya Pradesh 

Amendment of Section 125.— In section 125 of the principal Act,— 

(i) for the marginal heading, the following marginal heading shall be substituted, namely:— 

1. Subs. by Act 50 of 2001, s. 2, for sub-section (2) (w.e.f. 24-9-2001). 
2. Subs. by s. 2, ibid., for “allowance” (w.e.f. 24-9-2001)  
3. Subs. by s. 2, ibid., for “allowance” (w.e.f. 24-9-2001). 

72 

 
                                                 
“Order for maintenance of wives, children, parents and grand parents.” 

(ii) In sub-section (1), — 

(a) after clause (d), the following clause shall be inserted, namely: — 

“(e) his grand father, grand mother unable to maintain himself or her self.”; 

(b) In  the  existing  para,  for  the  words  “a  Magistrate  of  the  first  class  may,  upon  proof  of  such  neglect  or 
refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or 
mother at such monthly rate not exceeding three thousand rupees in the whole, as such Magistrate thinks fit, and 
to pay the same to such person as the Magistrate  may from time to time direct”, the words “a Magistrate of the 
first  class  may  upon  proof  of  such  neglect  or  refusal,  order  such  person  to  make  a  monthly  allowance  for  the 
maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such 
Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct” shall be 
substituted; 

(c) After the existing first proviso, the following proviso shall be inserted, namely:— 

“Provided further that the relatives in clause (e) shall only be entitled to monthly allowance for maintenance 

if their sons daughters are not alive and they are unable to maintain themselves.” 

[Vide Madhya Pradesh Act 15 of 2004, s. 3.] 

West Bengal 

In Sub-section (1) of section 125 of the Principal Act, — 

(1)  for  the  words  “five  hundred  rupees”,  the  words  “one  thousand  and  five  hundred  rupees”  shall  be 

substituted; 

(2) after the existing proviso, the following proviso shall be inserted:— 

“Provided further that where in any proceeding under this section it appears to the Magistrate that 
the wife referred to in clause (a) or the minor child referred to in clause (b) or the child (not being a 
married  daughter) referred  to  in  clause  (c)  or  the  father  or the  mother referred to  in  clause  (d)  is in 
need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the 
Magistrate  may,  on  the  application  of  the  wife  or  the  minor  child  or  the  child  (not  being  a  married 
daughter) or the father or the mother, as the case may be, order the person against whom the allowance 
for  maintenance  is  claimed,  to  pay  to  the  petitioner,  pending  the  conclusion  of  the  proceeding,  the 
expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to 
the income of such person, it may seem to the Magistrate co be reasonable.”. 

[Vide West Bengal Act, 25 of 1992, s. 4] 

West Bengal 

In sub-section (1) of section 125 of the principal Act, as amended by the Code of Criminal Procedure 
(West Bengal Amendment) Act, 1992, the words “not exceeding one thousand and five hundred rupees” 
the proviso shall be omitted. 

[Vide West Bengal Act 33 of 2001, s. 3] 

73 

 
Maharashtra  

Amendment of section 125 of Act 2 of 1974.—In Section 125 of the Code of Criminal Procedure, 

1973, in its application to the State of Maharashtra (hereinafter referred to as “the said Code”),-  

(a) in sub-section (1),- 

(i) for the words “not exceeding five hundred rupees” the words “not exceeding fifteen hundred 

rupees” shall be substituted; 

(ii) before the existing proviso, the following proviso shall be inserted, namely:-  

“Provided that, the Magistrate, on an application or submission being made, supported by an affidavit 
by  the  person  who  has  applied  for  the  maintenance  under  this  sub-section,  for  payment  of  interim 
maintenance, on being satisfied that, there is a prima facie ground for making such order, may direct the 
person against whom the application for maintenance has been made, to pay a reasonable amount by way 
of interim maintenance to the applicant, pending the final disposal of the maintenance application: 

Provided  further  that,  such  order  for  payment  of  interim  maintenance  may,  in  an  appropriate  case, 
also be made by the Magistrate ex-parte, pending service of notice of the application subject, however, to 
the condition that such an order shall be liable to be modified or even cancelled after the respondent is 
heard in the matter: 

Provided  also  that,  subject  to  the  ceiling  laid  down  under  this  sub-section,  the  amount  of  interim 
maintenance  shall,  as  far  as  practicable,  be  not  less  than  thirty  per  cent.  of  the  monthly  income  of  the 
respondent: 

(iii)  in  the  existing  proviso,  for  the  words  “Provided  that”  the  words  “Provided  also  that”  shall  be 

substituted; 

(b) after sub-section (2), the following sub-section shall be inserted, namely:- 

“(2A) Notwithstanding anything otherwise contained in sub-sections (1) and (2), where an application 
is made by the wife under clause (a) of sub-section (1) for the maintenance allowance, the applicant may 
also seek relief that the order may be made for the payment of monthly maintenance allowance, and the 
Magistrate may, after taking into consideration all the circumstances obtaining in the case including the 
factors  like  the  age,  physical  condition,  economic  conditions  and  other  liabilities  and  commitments  of 
both the parties, pass an order that the respondent shall pay the maintenance allowance in lumpsum in lieu 
of the monthly maintenance allowance, covering a specified period, not exceeding five years at a time, or 
for such period which may exceed five years, as may be mutually agreed to, by the parties.”; 

(c) in sub-section (3),— 

(i) after the words “so ordered” the words, brackets, figures and letter “either under sub-section 

(1) or sub-section (2A), as the case may be,” shall be inserted; 

(ii) after the  words  “each months  allowance”  the  words “or,  as the  case  may  be,  the lump-sum 

allowance to be paid in lieu of the monthly allowance” shall be inserted. 

[Vide Maharashtra Act 21 of 1999, s. 2] 

74 

 
Uttar Pradesh 

In section 125 of the Code of Criminal Procedure, 1973, hereinafter referred to as the principal Act — 

(a) in sub-section (1), for the words “five hundred only” the words “five thousand only” shall 

be substituted. 

(b) after sub-section (5), the following sub-section shall be inserted, namely :— 

“(6) Where in a proceeding under this section it appears to the Magistrate that the person claiming 
maintenance  is  in  need  of  immediate  relief  for  his  support  and  the  necessary  expenses  of  the 
proceeding, the Magistrate may, in his application, order the person against whom the maintenance is 
claimed, to pay to the person claiming the maintenance, during the pendency of the proceeding such 
monthly  allowance  not  exceeding five  thousand rupees  and  such  expenses  of  the  proceeding  as  the 
Magistrate consider reasonable and such order shall be enforceable as an order of maintenance.” 

[Vide Uttar Pradesh Act 36 of 2000, s. 2] 

Uttar Pradesh 

In section 125 of the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh 
hereinafter  referred  to  as  the  principal  Act  in  sub-section  (6)  the  words  “not  exceeding  five  thousand 
rupees” shall be omitted. 

[Vide Uttar Pradesh Act 15 of 2011, s. 2] 

126.  Procedure.—(1) Proceedings under section 125 may be taken against any person in any district— 

(a) where he is, or  

(b) where he or his wife resides, or 

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child. 

(2)  All  evidence  in  such  proceedings  shall  be  taken  in  the  presence  of  the  person  against  whom  an  order  for 
payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence 
of his pleader, and shall be recorded in the manner prescribed  for summons-cases:  

Provided that if the  Magistrate is  satisfied that the person against whom an order for payment of maintenance 
is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may  
proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an 
application made  within three months  from the date thereof subject to such terms including terms as to payment of 
costs to the opposite party as the Magistrate may think just and proper. 

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as 

may be just. 

Andhra Pradesh and Telangana 

STATE AMENDMENT 

Amendment of section 126-In the Code of Criminal Procedure, 1973 (hereinafter referred to as the principal Act) 

in section 126, in sub-section (1), for clause (b), the following shall be substituted, namely:- 

“(b) where he or his wife resides, or where his parents or children resides, or;” 

[Vide Andhra Pradesh Act 18 of 2007, s. 2] 

127. Alteration in allowance.—1[(1) On proof of a change in the circumstances of any person, receiving, under 
section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to 
pay a  monthly allowance  for  the  maintenance, or interim  maintenance, to  his  wife, child, father or  mother, as the 
case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the 
interim maintenance, as the case may be.] 

(2)  Where  it  appears  to  the  Magistrate  that,  in  consequence  of  any  decision  of  a  competent  Civil  Court,  any 

1. Subs. by Act 50 of 2001, s. 3, for sub-section (1) (w.e.f. 24-9-2001). 

75 

 
                                                 
order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary 
the same accordingly. 

(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has 

obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— 

(a)  the  woman  has,  after  the  date  of  such  divorce,  remarried,  cancel  such  order  as  from  the  date  of  her 

remarriage; 

(b) the woman has been divorced by her husband and that she has received, whether before or after the date 
of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, 
was payable on such divorce, cancel such order,—  

(i)  in  the  case  where  such  sum  was  paid  before  such  order,  from  the  date  on  which  such  order  was 

made; 

(ii) in any other case, from the date  of expiry of  the period, if any,  for  which  maintenance  has been 

actually paid by the husband to the woman; 
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights 
to 1[maintenance or interim maintenance, as the case may be,] after her divorce, cancel the order from the date 
thereof.  
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a 
2[monthly  allowance  for  the  maintenance  and  interim  maintenance  or  any  of  them  has  been  ordered]  to  be  paid 
under  section  125,  the  Civil  Court  shall  take  into  account  the  sum  which  has  been  paid  to, or  recovered  by,  such 
person 3[as monthly allowance for the maintenance and interim maintenance or  any of them, as the case may be, in 
pursuance of] the said order.  

Madhya Pradesh 

STATE AMENDMENTS 

Amendment  of  section  127.—In  sub-section  (1)  of  section  127  of  the  principal  Act,  for  the  words 

“father or mother”, the words “father, mother, grand father, grand mother” shall be substituted.  

[Vide Madhya Pradesh Act 15 of 2004, s. 4] 

West Bengal  

In  the  proviso  to  sub-section  (1)  of  section  127  of  the  principal  Act,  for  the  words  “five  hundred 

rupees”, the words “one thousand and five hundred rupees” shall be substituted.  

[Vide West Bengal Act 14 of 1995, s. 3] 

West Bengal  

In Sub-section (1) of section 127 of the principal Act, the proviso shall be omitted. 
[Vide West Bengal Act 33 of 2001, s. 4] 

Maharashtra  

Amendment of section 127 of Act (2 of 1974).—In section 127 of the said Code,- (a) in sub-section 
(1), in the proviso, for the words “five hundred rupees” the words “fifteen hundred rupees” shall be 
substitute; (b) in sub-section (4),- 

(i)  for  the  words  “monthly  allowance”,  where  they  occur  for  the  first  time,  the  words 

“maintenance allowance” shall be substituted; 

(ii) after the words “monthly allowance”, where they occur for the second time, the words “or, 

as the case may be, the lump-sum allowance” shall be inserted. 

[Vide Maharashtra Act 21 of 1999, s. 3] 

1. Subs. by Act 50 of 2001, s. 3, for “maintenance”  (w.e.f. 24-9-2001). 
2. Subs. by Act 50 of 2001, s. 3, for “monthly allowance has been ordered” (w.e.f. 24-9-2001). 
4. Subs. by s. 3, ibid., for “monthly allowance in pursuance of” (w.e.f. 24-9-2001). 

76 

 
                                                 
Uttar Pradesh 

In section 127 of the principal Act, sub-section (1), in the proviso for the words “five hundred rupees” 

the words “five thousand rupees” shall be substituted. 

[Vide Uttar Pradesh Act 36 of 2000, s. 3] 
128.  Enforcement  of  order  of  maintenance.—A  copy  of  the  order  of  1[maintenance  or  interim  maintenance 
and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is 
made, or to his guardian, if any, or to the person to  2[whom the allowance for the maintenance or the allowance for 
the  interim  maintenance  and  expenses  of  proceeding,  as  the  case  may  be,]  is  to  be  paid;  and  such  order  may  be 
enforced  by  any  Magistrate  in  any  place  where  the  person  against  whom  it  is  made  may  be,  on    such  Magistrate 
being  satisfied  as  to  the    identity  of  the  parties  and  the  non-payment  of  the  3[allowance,  or  as  the  case  may  be, 
expenses, due].  

Andhra Pradesh and Telangana 

STATE AMENDMENT 

Amendment  of  section  128.—In  section  128  of  the  principal  Act,  the  expression  “where  the  person 

against whom it is made, may be,” shall be omitted. 
[Vide Andhra Pradesh Act 18 of 2007, s. 3]   

CHAPTER X 
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 
A.—Unlawful assemblies 

129.  Dispersal  of  assembly  by  use  of  civil  force.—(1)  Any  Executive  Magistrate  or  officer  in  charge  of  a 
police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, 
may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the 
public  peace,  to  disperse;  and  it  shall  thereupon  be  the  duty  of  the  members  of  such  assembly  to  disperse 
accordingly. 

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it 
conducts  itself  in  such  a  manner  as  to  show  a  determination  not  to  disperse,  any  Executive  Magistrate  or  police 
officer  referred  to  in  sub-section  (1),  may  proceed  to  disperse  such  assembly  by  force,  and  may  require  the 
assistance  of  any  male  person,  not  being  an  officer  or  member  of  the  armed  forces  and  acting  as  such,  for  the 
purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in 
order to disperse such assembly or that they may be punished according to law. 

130. Use of armed forces to disperse assembly.—(1) If any such assembly cannot be otherwise dispersed, and 
if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who 
is present may cause it to be dispersed by the armed forces. 

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces 
to  disperse  the  assembly  with  the  help  of  the  armed  forces  under  his  command,  and  to  arrest  and  confine  such 
persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to 
disperse the assembly or to have them punished according to law. 

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so 
doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing 
the assembly and arresting and detaining such persons. 

1. Subs. by  Act 50 of 2001, s. 4, for “maintenance”  (w.e.f. 24-9-2001). 
2. Subs. by s. 4, ibid., for “whom the allowance”  (w.e.f. 24-9-2001).  
3. Subs. by s. 4, ibid.,  for “allowance due”  (w.e.f. 24-9-2001). 

77 

 
                                                 
 
131.  Power of  certain  armed  force  officers  to  disperse  assembly.—When  the  public  security  is  manifestly 
endangered by any such assembly and no Executive  Magistrate  can be communicated with, any commissioned or 
gazetted  officer  of  the  armed  forces  may  disperse  such  assembly  with  the  help  of  the  armed  forces  under  his 
command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they 
may be punished according to law; but if,  while he is acting  under this section, it becomes practicable for him to 
communicate  with  an  Executive  Magistrate,  he  shall  do  so,  and  shall  thenceforward  obey  the  instructions  of  the 
Magistrate, as to whether he shall or shall not continue such action. 

132.  Protection  against  prosecution  for  acts  done  under  preceding  sections.—(1)  No  prosecution  against 
any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any 
Criminal Court except— 

(a) with the sanction of the  Central Government where such person is an officer or member of the armed 

forces; 

(b) with the sanction of the State Government in any other case. 

(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith; 

(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130; 

(c) no officer of the armed forces acting under section 131 in good faith; 

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, 

shall be deemed to have thereby committed an offence. 

(3) In this section and in the preceding sections of this Chapter,— 

(a)  the  expression  “armed  forces”  means  the  military,  naval  and  air  forces,  operating  as  land  forces  and 

includes any other armed forces of the Union so operating; 

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer 
of  the  armed  forces  and  includes  a  junior  commissioned  officer,  a  warrant  officer,  a  petty  officer,  a  non-
commissioned officer and a non-gazetted officer; 

(c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer. 

B.—Public nuisances 

133.  Conditional  order  for  removal  of  nuisance.—(1)  Whenever  a  District  Magistrate  or  a  Sub-divisional 
Magistrate  or  any  other    Executive    Magistrate  specially  empowered  in  this  behalf  by  the  State  Government,  on 
receiving  the  report  of  a  police  officer  or other  information  and  on  taking  such  evidence  (if  any)  as  he  thinks  fit, 
considers— 

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, 

river or channel which is or may be lawfully used by the public; or 

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to 
the health or physical comfort of the community, and that in consequence such trade or occupation should be 
prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or 

(c)  that  the  construction  of  any  building,  or,  the  disposal  of  any  substance,  as  is  likely  to  occasion 

78 

 
configuration or explosion, should be prevented or stopped; or 

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby 
cause  injury  to  persons  living  or  carrying  on  business  in  the  neighbourhood  or  passing  by,  and  that  in 
consequence the removal, repair or support of such building, tent or structure, or the removal or support of such 
tree, is necessary; or 

(e)  that  any  tank,  well  or  excavation  adjacent  to  any  such  way  or  public  place  should  be  fenced  in  such  

manner as to prevent danger arising to the public; or 

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of, 

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying 
on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such 
building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a 
time to be fixed in the order— 

(i) to remove such obstruction or nuisance; or 

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or 
occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may 
be directed; or 

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or 

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or 

(v) to fence such tank, well or excavation; or 

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, 

or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time 
and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be 
made absolute. 

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. 

Explanation.—A  “public  place”  includes  also  property  belonging  to  the  State,  camping  grounds  and  grounds 

left unoccupied for sanitary or recreative purposes. 

134.  Service  or  notification  of  order.—(1)  The  order  shall,  if  practicable,  be  served  on  the  person  against 

whom it is made, in the manner herein provided for service of a summons. 

(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State 
Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for 
conveying the information to such person. 

135. Person to whom order is addressed to obey or show cause.—The person against whom such order is 

made shall— 

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or 

(b) appear in accordance with such order and show cause against the same. 

136.  Consequences  of  his  failing  to  do  so.—If  such  person  does  not  perform  such  act  or  appear  and  show 
cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), 
and the order shall be made absolute. 

79 

 
137. Procedure where existence of public right is denied.—(1) Where an order is made under section 133 for 
the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, 
the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as 
to whether he denies the existence of  any public right in respect of the way, river, channel or place, and if he does 
so, the Magistrate shall, before proceeding under section 138, inquire into the matter.  

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall 
stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he 
finds that there is no such evidence, he shall proceed as laid down in section 138. 

(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence 
of  a  public  right  of  the  nature  therein  referred  to,  or  who,  having  made  such  denial,  has  failed  to  adduce  reliable 
evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. 

138. Procedure where he appears to show cause.—(1) If the person against whom an order under section 133 
is  made  appears  and  shows  cause  against  the  order,  the  Magistrate  shall  take  evidence  in  the  matter  as  in  a 
summons-case. 

(2) If the Magistrate  is  satisfied that the order, either as originally  made or subject to such  modification as  he 
considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case 
may be, with such modification. 

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case. 

139. Power of Magistrate to direct local investigation and examination of an expert.—The Magistrate may, 

for the purposes of an inquiry under section 137 or section 138— 

(a) direct a local investigation to be made by such person as he thinks fit; or 

(b) summon and examine an expert. 

140.  Power  of  Magistrate  to  furnish  written  instructions,  etc.—(1)  Where  the  Magistrate  directs  a  local 

investigation by any person under section 139, the Magistrate may— 

(a) furnish such person with such written instructions as may seem necessary for his guidance; 

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. 

(2) The report of such person may be read as evidence in the case. 

(3)  Where  the  Magistrate  summons  and  examines  an  expert  under  section  139,  the  Magistrate  may  direct  by 

whom the costs of such summoning and examination shall be paid. 

141. Procedure on order being made absolute and consequences of disobedience.—(1) When an order has 

been  made  absolute  under  section  136 or  section  138,    the  Magistrate  shall  give  notice  of  the  same  to  the  person 

against  whom the order was made, and shall further require him to perform the act directed by the order within a 

time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided 

by section 188 of the Indian Penal Code (45 of 1860).  

(2)  If  such  act  is  not  performed  within  the  time  fixed,  the  Magistrate  may  cause  it  to  be  performed,  and  may 

recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, 

or by the  distress and sale of any other movable property of such person within or without such Magistrate’s local 

jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale 

when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. 

(3) No suit shall lie in respect of anything done in good faith under this section. 

142.  Injunction  pending  inquiry.—(1)  If  a  Magistrate  making  an  order  under  section  133  considers  that 

80 

 
immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may 

issue such an injunction to the person against whom the order was  made,  as is required to obviate or prevent 

such danger or injury pending the determination of the matter.  

(2)  In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause 

to be used, such means as he thinks fit to obviate such danger or to prevent such injury. 

(3)  No suit shall lie in respect of anything done in good faith by a Magistrate under this section.  

143. Magistrate may prohibit repetition or continuance of public nuisance .—A District Magistrate or 

Sub-divisional  Magistrate,  or  any  other  Executive  Magistrate  empowered  by  the  State  Government  or  the 

District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined 

in the Indian Penal Code (45 of 1860), or any special or local law. 

C.—Urgent cases of nuisance or apprehended danger 

144. Power to issue order in urgent cases of nuisance or apprehended danger .—(1) In cases where, in 

the  opinion  of  a  District  Magistrate,  a  Sub-divisional  Magistrate  or  any  other  Executive  Magistrate  specially 

empowered  by the State Government in this behalf, there is sufficient ground for proceeding under this section 

and immediate prevention  or speedy remedy is desirable, such Magistrate may, by a written order stating the 

material facts of the case and served in the manner provided by section 134, direct any person to abstain from a 

certain act or to take certain order with respect to certain property in his possession or under his management, 

if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance 

or  injury  to  any  person  lawfully  employed,  or  danger  to  human  life,  health  or  safety  or  a  disturbance  of  the 

public tranquillity, or a riot, or an affray.  

(2)  An  order  under  this  section  may,  in  cases  of  emergency  or  in  cases  where  the  circumstances  do  not 

admit of the serving in due time of a notice upon the person against whom the order is directed, be passed  ex 

parte. 

(3)  An  order  under  this  section  may  be  directed  to  a  particular  individual,  or  to  persons  residing  in  a 

particular place or area, or to the public generally when frequenting or visiting a particular place or area.   

(4) No order under this section shall remain in force for more than two months from the making thereof:  

Provided that, if the State Government considers it necessary so to do for preventing danger to human life, 

health  or  safety  or  for preventing  a  riot or  any  affray,  it  may,  by  notification, direct  that  an order  made by  a 

Magistrate under this section shall remain in force for such further period not exceeding six months from the 

date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in 

the said notification. 

(5) Any Magistrate may, either on his own motion or  on the application of any person aggrieved, rescind 
or  alter  any  order  made  under  this  section,  by  himself  or  any  Magistrate  subordinate  to  him  or  by  his 
predecessor-in-office. 

(6)  The  State  Government  may,  either  on  its  own  motion  or  on  the  application  of   any  person  aggrieved, 

rescind or alter any order made by it under the proviso to sub -section (4). 

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State 
Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or 
it,  either  in  person  or  by  pleader  and  showing  cause  against  the  order;  and  if  the  Magistrate  or  the  State 
Government,  as  the  case  may  be,  rejects  the  application  wholly  or  in  part,  he  or  it  shall  record  in  writing  the 
reasons for so doing. 

1[144A.  Power  to  prohibit  carrying  arms  in  procession  or  mass  drill  or  mass  training  with 
arms.—(1)  The  District  Magistrate  may,  whenever  he  considers  it  necessary  so  to  do  for  the 
preservation of public peace or public safety or for the maintenance of public order, by public notice 

1. Ins. by Act 25 of 2005, s. 16 (date yet to be notified, see appendix)  

81 

 
 
 
                                                 
or  by  order,  prohibit  in  any  area  within  the  local  limits  of  his  jurisdiction,  the  carrying  of  arms  in  any 
procession or the organising or holding of, or taking part in, any mass dri ll or mass training with arms in any 
public place. 

(2) A public notice issued or an order made under this section may be directed to a particular person or to 

persons belonging to any community, party or organisation. 

(3) No public notice issued or an order made under this section shall remain in force for more than three 

months from the date on which it is issued or made. 

(4) The  State Government  may,  if  it considers  necessary  so  to do  for  the  preservation of public peace or 
public safety or for the maintenance of public order, by notification, direct that a public notice issued or order 
made by the District Magistrate under this section shall remain in force for such further period not exceeding 
six months from the date on which such public notice or order was issued or made by the District Magistrate 
would have, but for such direction, expired, as it may specify in the said notification.  

(5)  The  State  Government  may,  subject  to  such  control  and  directions  as  it  may  deem  fit  to  impose,  by 

general or special order, delegate its powers under sub-section (4) to the District Magistrate. 

Explanation.—The  word  “arms”  shall  have  the  meaning  assigned  to  it  in  section  153AA  of  the  Indian 

Penal Code (45 of 1860).] 

D.—Disputes as to immovable property 
145. Procedure where dispute concerning land or water is likely to cause breach of peace.—
(1)  Whenever  an  Executive  Magistrate  is  satisfied  from  a  report  of  a  police  officer  or  upon  other 
information that a dispute likely to cause a breach of the peace exists concerning an y land or water or 
the  boundaries  thereof,  within  his  local  jurisdiction,  he  shall  make  an  order  in  writing,  stating  the 
grounds  of  his  being  so  satisfied,  and  requiring  the  parties  concerned  in  such  dispute  to  attend  his 
Court in person or by pleader, on a specified date and time, and to put in written statements of their 
respective claims as respects the fact of actual possession of the subject of dispute. 

(2) For the purposes of this section, the expression  “land or water” includes buildings, markets, 

fisheries, crops or other produce of land, and the rents or profits of any such property. 

(3) A copy of the order shall be served in the manner provided by this Code for the service of a 
summons upon such  person or  persons as the  Magistrate  may  direct,  and at least  one  copy shall  be 
published by being affixed to some conspicuous place at or near the subject of dispute. 

(4) The Magistrate  shall  then, without reference to the merits or the claims of any of the parties 
to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive 
all  such  evidence  as  may  be  produced  by  them,  take  such  further  evidence,  if  any,  as  he  thinks  
necessary, and, if possible, decide whether any and which of the parties was, at the date of the  order 
made by him under sub-section (1), in possession of the subject of dispute: 

Provided  that  if  it  appears  to  the  Magistrate  that  any  party  has  been  forcibly  and  wrongfully 
dispossessed within two months next before the date on which the report of a police officer or other 
information was received by the Magistrate, or after that date and before the date of his order under 
sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the 
date of his order under sub-section (1). 

(5)  Nothing  in  this  section  shall  preclude  any  party  so  required  to  attend,  or  any  other  person 
interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the 
Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject 
to such cancellation, the order of the Magistrate under sub-section (1) shall be final. 

(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub -
section  (4)  be  treated  as  being,  in  such  possession  of  the  said  subject,  he  shall  issue  an  order 
declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, 
and  forbidding  all  disturbance  of  such  possession  until  such  eviction;  and  when  he  proceeds  under 
the  proviso  to  sub-section   (4),  may  restore  to  possession  the  party  forcibly  and  wrongfully 
dispossessed. 

(b) The order made under this sub-section shall be served and published in the manner laid down 

in sub-section (3). 

(7)  When  any  party  to  any  such  proceeding  dies,  the  Magistrate  may  cause  the  legal 

82 

 
representative  of  the  deceased  party  to  be  made  a  party  to  the  proceeding  and  shall  thereupon 
continue the inquiry, and if any question arises as to who the legal representative of a deceased party 
for  the  purposes  of  such  proceeding  is,  all  persons  claiming  to  be  representatives  of  the  deceased 
party shall be made parties thereto. 

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject  of dispute in a 
proceeding  under  this  section  pending  before  him,  is  subject  to  speedy  and  natural  decay,  he  may  make  an 
order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such 
order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. 

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the 
application  of either  party, issue a summons  to any witness directing him to attend or to produce any 
document or thing. 

(10)  Nothing  in  this  section  shall  be  deemed  to  be  in  derogation  of  powers  of  the  Magistrate  to 

proceed under section 107. 

Maharashtra  

STATE AMENDMENT 

Amendment  of  section  145  of  Act  2  of  1974.-In  section  145  of  the  Code  of  Criminal  Procedure, 
1973  (2  of  1974),  in  its  application  to  the  State  of  Maharashtra  (hereinafter  referred  to  as  “the  said 
Code”),- 

(a) in sub-section (1) for the words “Whenever an Executive Magistrate he words “Whenever in 
Greater  Bombay,  a  Metropolitan  Magistrate  and  elsewhere  in  the  State,  an  Executive  Magistrate” 
shall be substituted; 

(b) for sub-section (10), the following sub-section shall be substituted, namely:-  

“(10) In the case of an Executive Magistrate taking action under this section nothing in this 
section shall be deemed to be in derogation of his power to proceed under section 107. In the case 
of a Metropolitan Magistrate taking action under this section, if at any state of the proceeding , he 
is of the opinion that the dispute calls for an action under section 107, he shall, after recording his 
reasons,  forward  the  necessary  information  to  the  executive  Magistrate  having  jurisdiction,  to 
enable him to proceed under that section.”.  

[Vide Maharashtra Act 1 of 1978, s. 2] 
146. Power to attach subject of dispute and to appoint receiver.—(1) If the Magistrate at any time 
after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or 
if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is 
unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he 
may attach the subject of dispute until a competent Court has determined the rights of the parties thereto 
with regard to the person entitled to the possession thereof: 

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is 

no longer any likelihood of breach of the peace with regard to the subject of dispute. 

(2)  When  the  Magistrate  attaches  the  subject  of  dispute,  he  may,  if  no  receiver  in  relation  to  such 
subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper 
for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the 
control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 
(5 of 1908): 

Provided  that  in  the  event  of  a  receiver  being  subsequently  appointed  in  relation  to  the  subject  of 

dispute by any Civil Court, the Magistrate— 

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute 
to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by 
him; 

(b) may make such other incidental or consequential orders as may be just. 

83 

 
147. Dispute concerning right of use of land or water.—(1) Whenever an Executive Magistrate is 
satisfied  from  the  report  of  a  police  officer  or  upon  other  information,  that  a  dispute  likely  to  cause  a 
breach  of  the  peace  exists  regarding  any  alleged  right  of  user  of  any  land  or  water  within  his  local 
jurisdiction,  whether  such  right  be  claimed  as  an  easement  or  otherwise,  he  shall    make    an    order  in 
writing,    stating    the    grounds    of    his    being  so  satisfied  and  requiring  the  parties  concerned  in  such 
dispute  to  attend  his  Court  in  person  or  by  pleader  on  a  specified  date  and  time  and  to  put  in  written 
statements of their respective claims. 

Explanation.—The  expression  “land  or  water”  has  the  meaning  given  to  it  in  sub-section  (2)  of 

section 145. 

(2)  The  Magistrate  shall  then  persue  the  statements  so  put  in,  hear  the  parties,  receive  all  such 
evidence as may be produced by them respectively, consider the effect of such evidence, take such further 
evidence,  if  any,  as  he  thinks  necessary  and,  if  possible,  decide  whether  such  right  exists;  and  the 
provisions of section 145 shall, so far as may be, apply in the case of such inquiry. 

(3)  If  it  appears  to  such  Magistrate  that  such  rights  exist,  he  may  make  an  order  prohibiting  any 
interference with the exercise of such right, including, in a proper case, an order for the removal of any 
obstruction in the exercise of any such right: 

Provided  that  no  such  order  shall  be  made  where  the  right  is  exercisable  at  all  times  of  the  year, 
unless such right has been exercised within three months next before the receipt under sub-section (1) of 
the report of a police officer or other information leading to the institution of the inquiry, or  where the 
right  is  exercisable  only  at  particular  seasons  or  on  particular  occasions,  unless  the  right  has  been 
exercised during the last of such seasons or on the last of such occasions before such receipt. 

(4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds 
that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, 
continue with the proceedings as if they had been commenced under sub-section (1), 
and  when  in  any  proceedings  commenced  under  sub-section  (1)  the  magistrate  finds  that  the  dispute 
should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings 
as if they had been commenced under sub-section (1) of section 145. 

STATE AMENDMENT 

Maharashtra  
Amendment of section 147 of Act 2 of 1974.—In section 147 of the said Code, in sub-section (1), for 
the words “Whenever an Executive Magistrate” the words “Whenever in Greater Bombay, a Metropolitan 
Magistrate and elsewhere in the State, an Executive Magistrate” shall be substituted. 
[Vide Maharashtra Act 1 of 1978, s. 3] 

148. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or 
section  147,  a  District  Magistrate  or  Sub-divisional  Magistrate  may  depute  any  Magistrate  subordinate  to  him  to 
make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and 
may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. 

(2) The report of the person so deputed may be read as evidence in the case. 
(3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 
147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any 
other  party  to  the  proceeding,  and  whether  in  whole  or  in  part  or  proportion  and  such  costs  may  include  any 
expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable. 

CHAPTER XI 
PREVENTIVE ACTION OF THE POLICE 

149. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of preventing, 

and shall, to the best of his ability, prevent, the commission of any cognizable offence. 

150. Information of design to commit cognizable offences.—Every police officer receiving information of a 
design to commit any cognizable offence shall communicate such information to the police officer to whom he is 
subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such 
offence. 

151. Arrest to prevent the commission of cognizable offences.—(1) A police officer knowing of a design to 

84 

 
commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so 
designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. 

(2)  No person  arrested  under  sub-section  (1)  shall  be  detained  in  custody  for  a  period exceeding  twenty-four 
hours from the time of his arrest unless his further detention is required or authorised under any other provisions of 
this Code or of any other law for the time being in force. 

152. Prevention of injury to public property.—A police officer may of his own authority interpose to prevent 
any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or 
injury of any public landmark or buoy or other mark used for navigation. 

153.  Inspection  of  weights  and  measures.—(1)  Any  officer  in  charge  of  a  police  station  may,  without  a 
warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights 
or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in 
such place any weights, measures or instruments for weighing which are false. 

(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize 

the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction. 

CHAPTER XII 

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 

154.  Information  in  cognizable  cases.—(1)  Every  information  relating  to  the  commission  of  a  cognizable 
offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his 
direction,  and  be  read  over  to  the  informant;  and  every  such  information,  whether  given  in  writing  or  reduced  to 
writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to 
be kept by such officer in such form as the State Government may prescribe in this behalf: 

1[Provided  that  if  the  information  is  given  by  the  woman  against  whom  an  offence  under  section  326A,             

section  326B,  section  354,  section  354A,  section  354B,  section  354C,  section  354D,  section  376,  2[section  376A, 
section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 
509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information 
shall be recorded, by a woman police officer or any woman officer: 

Provided further that— 

(a) in the event that the person against  whom an offence under section 354, section 354A, section 354B, 
section  354C,  section  354D,  section  376,  1[section  376A,  section  376AB,  section  376B,  section  376C,          
section  376D,  section  376DA,  section  376DB],  section  376E  or  section  509  of  the  Indian  Penal  Code  (45  of 
1860)  is  alleged  to  have  been  committed  or  attempted,  is  temporarily  or  permanently  mentally  or  physically 
disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to 
report  such  offence  or  at  a  convenient  place  of  such  person’s  choice,  in  the  presence  of  an  interpreter  or  a 
special educator, as the case may be; 

(b) the recording of such information shall be video graphed; 

(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) 

of sub-section (5A) of section 164 as soon as possible.] 

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant. 

(3)  Any  person  aggrieved  by  a  refusal  on  the  part  of  an  officer  in  charge  of  a  police  station  to  record  the 
information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the 

1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013).  
2. Subs. by Act 22 of 2018, s. 11, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2019). 

85 

 
                                                 
Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable 
offence,  shall  either  investigate  the  case  himself  or  direct  an  investigation  to  be  made  by  any  police  officer 
subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in 
charge of the police station in relation to that offence. 

Chhattisgarh 

STATE AMENDMENT 

In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to as 
the  Code)  for  the  words  and  figure  “or  section  509”  the  words,  figures,  letters  and  punctuations,  “  section  509, 
section 509A or section 509B” shall be substituted. 

[Vide Chhattisgarh Act 25 of 2015, s. 7] 

Arunachal Pradesh 

Amendment of section 154.—In the first proviso to sub-section (1) of section 154 of the principal 
Act,  for  the  words, figures  and  letters  “section  326A,  section 326B,  section 354,  section  354A,  section 
354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, 
section 376E or section 509 of the Indian Penal Code the words, figures and letters “section 326A, section 
326B  section  354,  section 354A,  section  354B,  section  354C,  section  354D  section  376, section  376A, 
section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 
of the Indian Penal Code” shall be substituted.  

In the sub-proviso (a) of the second proviso to sub-section (1) of section 154 of the principal Act, for 
the  words,  figures  and  letters  “section  354,  section  354A,  section  354B,  section  354C,  section  354D, 
section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the 
Indian Penal Code” the words, figures and letters “section 354, section 354A, section 354B, section 354C, 
section  354D,  section  376,  section  376A,  section  376AA,  section  376B,  section  376C,  section  376D, 
section 376DA, section 376E or section 509 of the Indian Penal Code” shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 13] 

155.  Information as to non-cognizable cases and investigation of such cases.—(1) When information is given to 
an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he 
shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the 
State Government may prescribe in this behalf, and refer the informant to the Magistrate. 

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to 

try such case or commit the case for trial. 

(3)  Any  police  officer  receiving  such  order  may  exercise  the  same  powers  in  respect  of  the  investigation 
(except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable 
case. 

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed 

to be a cognizable case, notwithstanding that the other offences are non-cognizable. 

156.    Police  officer’s  power  to  investigate  cognizable  case.—(1)  Any  officer  in  charge  of  a  police  station  may, 
without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area 
within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. 

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground 

that the case was one which such officer was not empowered under this section to investigate. 

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned. 

86 

 
Maharashtra  

STATE AMENDMENT 

Amendment  of  section    156.—In  section  156  of  the  Code  of  Criminal  Procedure,  1973,  (2  of  1974)  in  its 
application  to  the  State  of  Maharashtra  (Hereinafter  referred  to  as  “the  said  Code”),  after  sub-section  (3),  the 
following provisos shall be added, namely:— 

“Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public 
servant as defined under any other law for the time being in force, in respect of the act done by such public servant while 
acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the 
Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force: 

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the 
date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within 
the  said  stipulated  period  of  ninety  days,  the  sanction  shall  be  deemed  to  have  been  accorded  by  the  sanctioning 
authority.”. 

[Vide Maharashtra Act 33 of 2016, s. 2] 

157.  Procedure  for  investigation.—(1)  If,  from  information  received  or  otherwise,  an  officer  in  charge  of  a 
police  station  has  reason  to  suspect  the  commission  of  an  offence  which  he  is  empowered  under  section  156  to 
investigate,  he  shall  forthwith  send  a  report  of  the  same  to  a  Magistrate  empowered  to  take  cognizance  of  such 
offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being 
below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to 
the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery 
and arrest of the offender: 

Provided that— 

(a) when information as to the commission of any such offence is given against any person by name and 
the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a 
subordinate officer to make an investigation on the spot; 

 (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on 

an investigation, he shall not investigate the case. 

1[Provided  further  that  in  relation  to  an  offence  of  rape,  the  recording  of  statement  of  the  victim  shall  be 
conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police 
officer in the presence of her parents or guardian or near relatives or social worker of the locality.]  

 (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge 
of the police station shall state in his report his reasons for not fully complying with the requirements of that sub-
section,  and,  in  the  case  mentioned  in  clause  (b)  of  the  said  proviso,  the  officer  shall  also  forthwith  notify  to  the 
informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate 
the case or cause it to be investigated. 

158.  Report  how  submitted.—(1)  Every  report  sent  to  a  Magistrate  under  section  157  shall,  if  the  State 
Government so directs, be submitted through such superior officer of police as the State Government, by general or 
special order, appoints in that behalf. 

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, 

and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. 

159. Power to hold investigation or preliminary inquiry.—Such Magistrate, on receiving such report, may direct 

1. Ins. by Act 5 of 2009, s.11 (w.e.f. 31-12-2009).  

87 

 
                                                 
an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a 
preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code. 

160. Police officer’s power to require attendance of witnesses.—(1) Any police officer making an investigation 
under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits 
of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the 
facts and circumstances of the case; and such person shall attend as so required: 

Provided that no male person 1[under the age of fifteen years or above the age of sixty-five years or a woman or 
a mentally or physically disabled person] shall be required to attend at any place other than the place in which such 
male person or woman resides. 

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the 

reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. 

161. Examination of witnesses by police.—(1) Any police officer making an investigation under this Chapter, 
or any police officer not below such rank as the State Government may, by general or special order, prescribe in this 
behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the 
facts and circumstances of the case. 

(2)  Such  person  shall  be  bound  to  answer  truly  all  questions  relating  to  such  case  put  to  him  by  such  officer, 
other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty 
or forfeiture. 

(3) The police officer may reduce into writing any statement made to him in the course of an examination under 
this section; and if he does so, he shall make a separate and true record of the statement of each such person whose 
statement he records. 

2[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:] 

3[Provided  further  that  the  statement  of  a  woman  against  whom  an  offence  under  section  354,  section  354A, 
section 354B, section 354C, section 354D, section 376, 4[section 376A, section 376AB, section 376B, section 376C, 
section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is 
alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.]  

Chhattisgarh 

STATE AMENDMENT 

The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, 

namely: — 

Provided  further  that  statement  of  the  woman  against  whom  an  offence  under section  354, section 
354A, section  354B, section  354C, section  354D,  section  354E, section  376, section  376A, section 
376B, section 376C, section 376D, section 376E, section 509, section 509A or section 509B of the Indian 
Penal  Code,  is  alleged  to  have  been  committed  or  attempted,  shall  be  recorded,  as  far  as  possible,  by 
woman police officer and shall also be recorded by audio-video means, as far as possible, and it shall be 
the duty of such police officer to take all such steps as are necessary to protect the identity of the woman. 

[Vide Chhattisgarh Act 25 of 2015, s. 8] 

1. Subs. by Act 13 of 2013, s. 14, for “under the age of fifteen years or woman” (w.e.f. 3-2-2013). 
2. Ins. by Act 5 of 2009, s. 12 (w.e.f. 31-12-2009). 
3. Ins. by Act 13 of 2013, s. 15 (w.e.f. 3-2-2013).  
4. Subs. by Act 22 of 2018, s. 12, for “section 376A section 376B, section 376C, section 376D” (w.e.f. 22-4-2018). 

88 

 
                                                 
Arunachal Pradesh  

Amendment of section 161.—In the second proviso to sub-section (3), of section 161 of the principal 
Act,  for  the  words,  figures  and  letters  “section  354,  section  354A,  section  354B,  section  354C,  section 
354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 
of the Indian Penal Code “the words, figures and letters namely section 354, section 354A, section 354B, 
section  354C,  section  354D,  section  376,  section  376A,  section  376AA,  section  376B,  section  376C, 
section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code shall be substituted.  

[Vide Arunachal Pradesh Act 3 of 2019, s. 14] 

162. Statements to police not to be signed:  Use of statements in evidence.—(1) No statement made by any 
person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed 
by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, 
or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial 
in respect of any offence under investigation at the time when such statement was made: 

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been 
reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the 
permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the 
Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be 
used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-
examination. 

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of 

section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act. 

Explanation.—An  omission  to  state  a  fact  or  circumstance  in  the  statement  referred  to  in  sub-section  (1)  may 
amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in 
which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a 
question of fact.   

163. No inducement to be offered.—(1) No police officer or other person in authority shall offer or make, or 
cause  to  be  offered  or  made,  any  such  inducement,  threat  or  promise  as  is  mentioned  in  section  24  of  the  Indian 
Evidence Act, 1872 (1 of 1872). 

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in 
the course of any investigation under this Chapter any statement which he may be disposed to make of his own free 
will: 

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164. 

164. Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, 
whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an 
investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before 
the commencement of the inquiry or trial: 

1[Provided that any confession or statement made under this sub-section may also be recorded by audio-video 

electronic means in the presence of the advocate of the person accused of an offence: 

Provided  further that no confession shall be recorded by a police officer on whom any power  of a Magistrate 

has been conferred under any law for the time being in force.] 

 (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not 
bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall 
not  record  any  such  confession  unless,  upon  questioning  the  person  making  it,  he  has  reason  to  believe  that  it  is 
being made voluntarily. 

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not 

willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. 

1. Subs. by Act 5 of 2009, s.13 (w.e.f. 31-12-2009).  

89 

 
                                                 
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination 
of  an  accused  person  and  shall  be  signed  by  the  person  making  the  confession;  and  the  Magistrate  shall  make  a 
memorandum at the foot of such record to the following effect:— 

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession 
he  may make  may be used as evidence against him and I believe that this confession  was voluntarily made. It 
was  taken  in  my  presence  and  hearing,  and  was  read  over  to  the  person  making  it  and  admitted  by  him  to  be 
correct, and it contains a full and true account of the statement made by him. 

(Signed) A. B. 
Magistrate.” 

(5)  Any  statement  (other  than  a  confession)  made  under  sub-section  (1)  shall  be  recorded  in  such  manner 
hereinafter  provided  for  the  recording  of  evidence  as  is,  in  the  opinion  of  the  Magistrate,  best  fitted  to  the 
circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is 
so recorded. 

1[(5A)  (a)  In  cases  punishable  under  section  354,  section  354A,  section  354B,  section  354C,  section  354D,                

sub-section  (1)  or  sub-section  (2)  of  section  376,  2[section  376A,  section  376AB,  section  376B,  section  376C,          
section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code (45 of 1860), 
the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in 
the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the 
police: 

Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, 

the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: 

Provided further that if the person making the statement is temporarily or permanently mentally or physically 
disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video 
graphed. 

(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically 
disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the  Indian 
Evidence  Act,  1872  (1  of  1872)  such  that  the  maker  of  the  statement  can  be  cross-examined  on  such  statement, 
without the need for recording the same at the time of trial.] 

(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by 

whom the case is to be inquired into or tried. 

Chhattisgarh 

STATE AMENDMENT 

In  clause  (a)  of  sub-section  (5A)  of  Section  164  of  the  Code,  for  the  words  and  figures  “or  section 
509” the punctuation, words and figures, “section 376F, section 509, section 509A or section 509B” shall 
be substituted. 

[Vide Chhattisgarh Act 25 of 2015, s. 9]  
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

After  sub-section  (1)  of  section  164,  the  following  sub-section  shall  be  inserted,  namely:  —“(1A) 
Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of 
opinion that it is necessary and expedient so to do, that Government may, after consulting the High Court, 
specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred 
by  sub-section  (1)  on  a  Judicial  Magistrate,  and  thereupon  references  in  section  164  to  a  Judicial 

1. Ins. by Act 13 of 2013, s. 16 (w.e.f. 13-3-2013).  
2. Subs. by Act 22 of 2018, s. 13, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 22-4-2018). 

90 

 
                                                 
Magistrate shall be construed as references to the Executive Magistrate so empowered.”; 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] 

1[164A.  Medical  examination  of  the  victim  of  rape.—(1)  Where,  during  the  stage  when  an  offence  of 
committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with 
whom  rape  is  alleged  or  attempted  to  have  been  committed  or  attempted,  examined  by  a  medical  expert,  such 
examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government 
or a local authority and in the absence of such a practitioner, by any other registered  medical practitioner, with the 
consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to 
such registered medical practitioner within twenty-four hours from the time of receiving the information relating to 
the commission of such offence. 

 (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person 

and prepare a report of his examination giving the following particulars, namely:— 

(i) the name and address of the woman and of the person by whom she was brought; 

(ii) the age of the woman; 

(iii) the description of material taken from the person of the woman for DNA profiling; 

(iv) marks of injury, if any, on the person of the woman; 

(v) general mental condition of the woman; and 

(vi) other material particulars in reasonable detail. 

(3) The report shall state precisely the reasons for each conclusion arrived at. 

(4) The report shall specifically record that the consent of the woman or of the person competent to give such 

consent on her behalf to such examination had been obtained. 

(5) The exact time of commencement and completion of the examination shall also be noted in the report. 

(6) The registered  medical practitioner shall,  without delay forward the report  to the  investigating officer  who 

shall  forward  it  to  the  Magistrate  referred  to  in  section  173  as  part  of  the  documents  referred  to  in  clause  (a)  of            
sub-section (5) of that section. 

(7)  Nothing  in  this  section  shall  be  construed  as  rendering  lawful  any  examination  without  the  consent  of  the 

woman or of any person competent to give such consent on her behalf. 

Explanation.—For the purposes of this section,  “examination” and  “registered medical practitioner” shall have 

the same meanings as in section 53.] 

Chhattisgarh 

STATE AMENDMENT 

In Section 164A, except explanation clause, of the Code, for the words  “registered medical practitioner”, where 

it occurs for the first time, the words “female registered medical practitioner” shall be substituted. 

[Vide Chhattisgarh Act 25 of 2015 s. 10.] 

165. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer making 
an investigation  has reasonable grounds for believing that anything necessary  for the purposes of an investigation 

1. Ins. by Act 25 of 2005, s. 17 (w.e.f. 23-6-2006). 

91 

 
                                                 
into  any  offence  which  he  is  authorised  to  investigate  may  be  found  in  any  place  within  the  limits  of  the  police 
station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise 
obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in 
such  writing, so far as possible, the  thing for  which search is to be made, search, or cause search to be made, for 
such thing in any place within the limits of such station. 

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person. 

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search 
present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him 
to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be 
searched,  and  so  far  as  possible,  the  thing  for  which  search  is  to  be  made;  and  such  subordinate  officer  may 
thereupon search for such thing in such place. 

(4)  The  provisions  of  this  Code  as  to  search-warrants  and  the  general  provisions  as  to  searches  contained  in 

section 100 shall, so far as may be, apply to a search made under this section. 

(5)  Copies  of  any  record  made  under  sub-section  (1)  or  sub-section  (3)  shall  forthwith  be  sent  to  the  nearest 
Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on 
application, be furnished, free of cost, with a copy of the same by the Magistrate. 

166. When officer in charge of police station may require another to issue search-warrant.—(1) An officer 
in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation 
may  require  an  officer  in  charge  of  another  police  station,  whether  in  the  same  or  a  different  district,  to  cause  a 
search to be made in any place, in any case in which the former officer might cause such search to be made, within 
the limits of his own station. 

(2)  Such  officer,  on  being  so  required,  shall  proceed  according  to  the  provisions  of  section  165,  and  shall 

forward the thing found, if any, to the officer at whose request the search was made. 

 (3) Whenever there is reason to believe that the delay  occasioned by requiring  an officer in charge of another 
police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an 
offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer 
making any  investigation under this  Chapter to search, or cause to be searched, any  place in the limits of another 
police station in accordance with the provisions of section 165, as if such place were within the limits of his own 
police station. 

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer 
in charge of the police station within the limits of which such place is situate, and shall also send with such notice a 
copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take 
cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165. 

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of 

any record sent to the Magistrate under sub-section (4). 

1[166A. Letter of request to competent authority for investigation in a country or place outside India.—
(1)  Notwithstanding  anything  contained  in  this  Code,  if,  in  the  course  of  an  investigation  into  an  offence,  an 
application  is  made  by  the  investigating  officer  or  any  officer  superior  in  rank  to  the  investigating  officer  that 
evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a 
Court  or  an  authority  in  that  country  or  place  competent  to  deal  with  such  request  to  examine  orally  any  person 
supposed  to  be  acquainted  with  the  facts  and  circumstances  of  the  case  and  to  record  his  statement  made  in  the 
course of such examination and also to require such person or any other person to produce any document or thing 
which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the 
authenticated copies thereof or the thing so collected to the Court issuing such letter. 

(2)  The  letter  of  request  shall  be  transmitted  in  such  manner  as  the  Central  Government  may  specify  in  this 

behalf. 

(3)  Every  statement  recorded  or  document  or  thing  received  under  sub-section  (1)  shall  be  deemed  to  be  the 

evidence collected during the course of investigation under this Chapter. 

 1. Ins. by Act 10 of 1990, s. 2 (w.e.f. 19-12-1990).  

92 

 
                                                 
166B. Letter of request from a country or place outside India to a Court or an authority for investigation 
in India.—(1) Upon receipt of a letter of request from a  Court or an authority in a country or place outside India 
competent  to  issue  such  letter  in  that  country  or  place  for  the  examination  of  any  person  or  production  of  any 
document  or  thing  in  relation  to  an  offence  under  investigation  in  that  country  or  place,  the  Central  Government 
may, if it thinks fit— 

 (i)  forward  the  same  to  the  Chief  Metropolitan  Magistrate  or  Chief  Judicial  Magistrate  or  such 
Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon 
the person before him and record his statement or cause the document or thing to be produced; or 

(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in 

the same manner, 

as if the offence had been committed within India. 

(2)  All  the  evidence  taken  or  collected  under  sub-section  (1),  or  authenticated  copies  thereof  or  the  thing  so 
collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for 
transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government 
may deem fit.] 

167. Procedure when  investigation cannot be completed in twenty-four hours.—(1) Whenever any person 
is arrested and detained in custody, and it appears that the  investigation cannot be   completed within the  period of 
twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is well-
founded, the officer in charge of the police station or the  police officer making the  investigation, if he is not below 
the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary 
hereinafter  prescribed  relating to the case, and  shall at the same time forward the accused to such Magistrate. 

 (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not 
jurisdiction  to  try  the  case,  from  time  to  time,  authorise  the  detention  of  the  accused  in  such  custody  as  such 
Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case 
or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a 
Magistrate having such jurisdiction:  

Provided that—  

1[(a)  the  Magistrate  may  authorise  the  detention  of  the  accused  person,  otherwise  than  in  custody  of  the 
police,  beyond  the  period  of  fifteen  days,  if  he  is  satisfied  that  adequate  grounds  exist  for  doing  so,  but  no 
Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period 
exceeding—  

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life 

or imprisonment for a term of not less than ten years; 

(ii) sixty days, where the investigation relates to any other offence, 

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be 
released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section 
shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] 

2[(b)  no  Magistrate  shall  authorise  detention  of  the  accused  in  custody  of  the  police  under  this  section 
unless  the  accused  is  produced  before  him  in  person  for  the  first  time  and  subsequently  every  time  till  the 
accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody 
on production of the accused either in person or through the medium of electronic video linkage;] 

 (c)  no  Magistrate  of  the  second  class,  not  specially  empowered  in  this  behalf  by  the  High  Court,  shall 

authorise detention in the custody of the police. 

3[Explanation  I.—For  the  avoidance  of  doubts,  it  is  hereby  declared  that,  notwithstanding  the  expiry  of  the 

period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.] 

4[Explanation  II.—If  any  question  arises  whether  an  accused  person  was  produced  before  the  Magistrate  as 

1. Subs. by Act 45 of 1978, s. 13, for paragraph (a)  (w.e.f. 18-12-1978). 
2. Subs. by Act 5 of 2009, s. 14,  for cl. (b) (w.e.f. 31-12-2009)  
3. Ins. by Act 45 of 1978, s. 13  (w.e.f. 18-12-1978).  
4. Subs. by Act 5 of 2009, s.14, for Explanation II (w.e.f. 31-12-2009). 

93 

 
                                                 
required  under  clause  (b),  the  production  of  the  accused  person  may  be  proved  by  his  signature  on  the  order 
authorising detention or by the order certified by the Magistrate as to production of the accused person through the 
medium of electronic video linkage, as the case may be.] 

1[Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in 

the custody of a remand home or recognised social institution.]  

 2[(2A)  Notwithstanding  anything  contained  in  sub-section  (1)  or  sub-section  (2),  the  officer  in  charge  of  the 
police  station  or  the  police  officer  making  the  investigation,  if  he  is  not  below  the  rank  of  a  sub-inspector,  may, 
where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a 
Judicial  Magistrate  or  Metropolitan  Magistrate  have  been  conferred,  a  copy  of  the  entry  in  the  diary  hereinafter 
prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and 
thereupon  such  Executive  Magistrate,  may,  for  reasons  to  be  recorded  in  writing,  authorise  the  detention  of  the 
accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the 
expiry of the period of detention so authorised, the accused person shall be released on bail except where an order 
for  further  detention  of  the  accused  person  has  been  made  by  a  Magistrate  competent  to  make  such  order;  and, 
where  an  order  for  such  further  detention  is  made,  the  period  during  which  the  accused  person  was  detained  in 
custody  under  the  orders  made  by  an  Executive  Magistrate  under  this  sub-section,  shall  be  taken  into  account  in 
computing the period specified in paragraph (a) of the proviso to sub-section (2): 

Provided that before the expiry of the  period aforesaid, the Executive Magistrate  shall transmit to the  nearest 
Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which 
was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as 
the case may be.] 

(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for 

so doing. 

 (4)  Any  Magistrate  other  than  the  Chief  Judicial  Magistrate  making  such  order  shall  forward  a  copy  of  his 

order, with his reasons for making it, to the Chief Judicial Magistrate. 

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period 
of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further 
investigation  into  the  offence  unless  the  officer  making  the  investigation  satisfies  the  Magistrate  that  for  special 
reasons  and  in  the  interests  of  justice  the  continuation  of  the  investigation  beyond  the  period  of  six  months  is 
necessary. 

(6)  Where  any  order  stopping  further  investigation  into  an  offence  has  been  made  under  sub-section  (5),  the 
Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the 
offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made 
into the offence subject to such directions with regard to bail and other matters as he may specify. 

Gujarat 

STATE AMENDMENTS 

In the proviso to sub-Section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the 

State of Gujarat, — 

(i) for paragraph (a), the following paragraph shall be substituted, namely: — 

(a) the Magistrate may authorise detention of the accused person, otherwise than in the custody of the police, 
beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate 
shall authorise the detention of the accused person in custody under this section for a total period exceeding— 

(i)  one  hundred  and  twenty  days,  where  the  investigation  relates  to  an  offence  punishable  with  death, 

imprisonment for life or imprisonment for a term of not less than ten years, 

1. Ins. by Act 5 of 2009, s.14 (w.e.f. 31-12-2009).  
2. Ins. by Act 45 of 1978, s.13 (w.e.f. 18-12-1978).  

94 

 
 
                                                 
(ii) sixty days, where the investigation relates to any offence; 

and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused 
person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this 
section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter; 

(ii) in paragraph (b), for the words “no Magistrate shall” the words “no Magistrate shall, except for reason to 

be recorded in writing” shall be substituted; 

(iii)  the  Explanation  shall  be  numbered  as  Explanation  II,  and  before  Explanation  II  as  so numbered,  the 

following Explanation shall be inserted, namely: — 

Explanation I. —For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period 
specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail. 

Amendment  to  apply  to  pending  investigation.—The  provisions  of section  167 of  the  Code  of  Criminal 
Procedure,  1973,  as  amended  by  this  Act,  shall  apply  to  every  investigation  pending  immediately  before  the 
commencement of this  Act, if the  period of detention of  the  accused person, otherwise than in the custody of the 
police, authorised under that section, had not, at such commencement, exceeded sixty days.] 

[Vide Gujarat Act 21 of 1976, s. 2 & 3] 

Gujarat 

In Section 167, in sub-section (2) : — 
(1) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely: — 
“(b) no Magistrate shall authorise further detention in any custody under this section unless— 
(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and 
(ii)  where  the  accused  is  otherwise  than  in  the  custody  of  the  police,  he  is  produced  before  the  Magistrate 
either  in  person  or  through  the  medium  of  electronic  video  linkage,  in  accordance  with  the  direction  of  the 
Magistrate.”; 

(2) in Explanation II, after the words “ whether an accused person was produced before the Magistrate”, the 

words “in person or, as the case may be, through the medium of electronic video linkage” shall be inserted. 
[Vide Gujarat Act 31 of 2003, s. 2.] 
Chhattisgarh 

(1) In clause (b) of Sub-Section (2) of Section 167 of the principal Act, for the word “any” the word “police” 

shall be substituted. 

(2) After clause (b) of sub-section (2) of Section 167 of the Principal Act, the following new sub-clause (bb) 

shall be added, namely:— 

“(bb) No magistrate shall authorise detention of the accused person other than in the custody of the police under 
this section unless the accused is produced before him either in person of through the medium of electronic video 
linkage and represented by his pleader in the Court.” 

(3) In explanation II, after words “was produced” the word “from police custody” shall be added. 

(4) After explanation II, the following new explanation shall be added:- 

“III. If any question arises whether an accused person was produced from otherwise than in the custody of the 
police  in  person  or  (as  the  case  may  be)  through  medium  of  electronic  video  linkage  before  the  Magistrate  as 
required under paragraph (bb), the production of the accused person may be proved by his or his pleader’s signature 
on the order authorising detention.” 

[Vide Chhattisgarh Act 13 of 2006, sec. 3] 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

In section 167,— 

(i)  in  sub-section  (1)  after  the  words  “nearest  Judicial  Magistrate”  the  words  “or,  if  there is  no 

Judicial Magistrate in an island, to an Executive Magistrate functioning in that island” shall be inserted;   

(ii) after sub-section (1), the following sub-section shall be inserted, namely:— 

“(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 

to a Magistrate shall be construed as references to such Executive Magistrate;” 

95 

 
(iii) to sub-section (3), the following proviso shall be added, namely:— 

“Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall 
unless he is specially empowered in this behalf by the State Government, authorise detention in the custody 
of the police.” 

(iv) to sub-section (4), the following proviso shall be added, namely:— 

“Provided that,  where  such  order  is  made  by  an  Executive  Magistrate,  the  Magistrate making the  order 
shall forward a  copy  of the  order, with his reasons for making it, to the Executive Magistrate to whom he is 
immediately subordinate.” 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] 

Maharashtra 

Amendment of section 167. — In Section 167 of the Code of Criminal Procedure, 1973, (2 of 1974) in 

its application to the State of Maharashtra,— 

(a) in sub-section (2) in the proviso, for paragraph (b), the following paragraph shall be substituted, 

namely:— 

(b) no Magistrate shall authorise detention in any custody, of the accused person under this section 
unless,  the  accused  person  is  produced  before  him  in  person,  and  for  any  extension  of  custody 
otherwise  than  the  extension  in  the  police  custody,  the  accused  person  may  be  produced  either  in 
person or through the medium of electronic video linkage.” ; 

(b) in Explanation II, for the words “an accused person was produced”, the words “an accused person 
was produced in person or as the case may be, through the medium of electronic video linkage” shall be 
substituted. 

[Vide Maharashtra Act 8 of 2005, s. 2] 

Madhya Pradesh  
  Amendment  of  Section  167.—In  sub-section  (2)  of  section  167  of  the  principal  Act,—  (i)  in the 
proviso, for paragraph (b), the following paragraph shall be substituted, namely: — 

 “(b)  no  magistrate  shall  authorise  detention  in  any  custody  under  this  section  unless  the  accused  is 
produced before him in person for the first time and subsequently every time till such time the accused 
remains in the custody of police, but the Magistrate may extend further detention in judicial custody on 
production of accused either in person or through the medium of electronic video linkage;”; 

(ii) for Explanation II, the following Explanation shall be substituted, namely:— 

“Explanation  II.—If  any  question  arise  whether  an  accused  person  was  produced  before  the 
Magistrate as required under paragraph (b), the production of the accused person may be proved by his 
signature on the order authorising detention or by the order certified by the Magistrate as to production 
of the accused person through the medium of electronic video linkage, as the case may be.”. 

[Vide Madhya Pradesh Act 2 of 2008, s. 3.] 

West Bengal  

In section 167 of the principal Act,— 

(a) In Section 167 of sub-section (5), the following sub-section shall be substituted:— 
“(5) If, in respect of— 

(i) any case triable by a Magistrate as a summons case, the investigation is not concluded within 

a period of six months, or 

(ii)  any  case  exclusively  triable  by  a  Court  of  Session  or  a  case  under  Chapter  XVIII  of  the 
Indian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or
(iii)  any  case  other  than  those  mentioned  in  clauses  (i)  and  (ii),  the  investigation  is  not 
concluded within a period of two years, from the date on which the accused was arrested or made 
his appearance, the Magistrate shall make an order stopping further investigation  into the offence 
and shall discharge the accused unless the officer making the investigation satisfies the Magistrate 

96 

 
 
  
that for special reasons and in the interests of justice the continuation of the investigation beyond 
the periods mentioned in this sub-section is necessary.”; 
(b) in sub-section (6), after the “words any order stopping further investigation into an offence has 

been made” the words “and the accused has been discharged” shall be inserted. 

 [Vide West Bengal Act 24 of 1988, s. 4.] 

West Bengal 

Amendment of section 167.- In the proviso to sub-section (2) of section 167 of the principal Act, for 

clause (b), the following clause shall be substituted:— 

“(b) no Magistrate shall authorize detention under this section— 
(i)  in  the  police custody,  unless  the accused is  produced  before  him  in  person every  time  till  the 

accused is in police custody; 

(ii) in the judicial custody, unless the accused is produced before him either in person or through 

the medium of electronic video linkage;”. 

[Vide West Bengal Act 20 of 2004, s. 3.] 

Assam 

In Section 167 of the Code:— 
(a) in sub-section (i) the reference to “Judicial Magistrate” shall be construed as reference also to 

executive Magistrate; 

(b) in sub-section (2):— 

(i) for the word “Magistrate” at the first two places where that word is preceded by the definite 
article, the words “Judicial Magistrate or the Executive Magistrate, as the case may be,” shall be 
substituted; 

(ii) for the word “Magistrate”, at the place where that word is preceded by the indefinite article 

“a”, the words and brackets “Magistrate (whether Judicial or Executive)” shall be substituted; 

(iii) paragraph (c) of the proviso shall be omitted; 

(c) Sub-section (2A) shall be omitted:— 
(d)  in  sub-section  (4),  for  the  words  “to  the  Chief  Judicial  Magistrate,”  the  words  “where  such 
Magistrate is a Judicial Magistrate, to the Chief Judicial Magistrate and where such Magistrate is an  
Executive Magistrate to the Session Judge” shall be substituted. 

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]  

Delhi 

In its application to the State of Delhi, in section 167, in sub-section (2):— 
(i) for clause (b), substitute the following clause, namely:— 
“(b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced 

before him either in person or through the medium of electronic video linkage: 

Provided that if the accused is in police custody, no Magistrate shall authorise his detention in any custody 

unless the accused is produced before him in person;” 

(ii) for the Explanation II thereunder, substitute the following Explanation, namely:— 
“Explanation II.- If any question arises  whether an accused person  was produced in person or, as the case 
may be, through the medium of electronic video linkage before the magistrate as required under paragraph (b), 
the production of the accused person may be proved by his signature on the order authorising his detention or by 
video recording of the proceedings, as the case may be.”. 
[Vide Delhi Act 4 of 2004, s. 2 (w.e.f. 16-8-2004).] 

Orissa 

Amendment  of  section  167.—In  the  proviso  to  sub-section  (2)  of  section  167  of  the  Code  of  Criminal 

Procedure, 1973 (2 of 1974),- 

(i) for paragraph (b), the following paragraph shall be substituted, namely:— 

“(b) no Magistrate shall authorize detention of the accused in custody of the police under this section unless 
the  accused  in  produced  before  him  in  person  for  the  first  time  and  subsequently  every  time  till  the  accused 

97 

 
remains  in  the  custody  of  the  police,  but  the  Magistrate  may  extend  further  detention  in  Judicial  custody  on 
production of the accused either in person or through the medium of electronic video linkage;”, and 

  (ii) for Explanation II, the following Explanation shall be substituted, namely:— 
“Explanation II— If any question arises whether an accused person was produced before the Magistrate as 
required under paragraph (b), the production of the accused person may be proved by his signature on the order 
authorizing detention or by the order certified by the Magistrate as to production of the accused person through 
the medium of electronic video linkage, as the case may be.”. 

[Vide Orissa Act 16 of 2009, s. 2] 
Amendment  of  section  167.—  In  section  167  of  the  Code  of  Criminal  Procedure,  1973,  in  paragraph  (a)  of  the 
proviso to sub-section (2),— 

(i) For the words “under this paragraph” the words “under this section” shall be substituted; and 
(ii) For the words “ninety days” wherever they occur, the words “ one hundred and twenty days” shall be 

substituted. 

[Vide Orissa Act 11 of 1997, s. 2] 
Andhra Pradesh and Telangana 

Amendment of section 167, Central Act (2 of 1974).-In the Code of Criminal Procedure, 1973, in section 167 in 

its application to the State of Andhra Pradesh, in sub-section (2),- 

(i) to clause (b), the following shall be added at the end, namely:- 
“either in person or through the medium of electronic video linkage:”; 
(ii)  in  the  Explanation  II  thereunder,  for  the  words  “an  accused  person  was  produced”,  the  words  “an  accused 
person  was  produced  in  person  or  as  the  case  may  be  through  the  medium  of  electronic  video  linkage”  shall  be 
substituted. 

[Vide Andhra Pradesh Act 31 of 2001, s. 2] 

Manipur 
In section 167 of the Code, after sub-section (6), the following sub-section shall be added, namely:-- 

“(7) A specified Executive Magistrate shall, to the exclusion of any other Magistrate, have power 
to authorise detention under this section of any person accused of any offences specified in clause (a) 
of subsection (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act, 
1984 and as respects those offences,-- 

(i)  the  reference  in  the  foregoing  sub-sections  to  a  Magistrate  or  Judicial  Magistrate  shall  b 

construed as reference to a Specified Executive Magistrate; 

(ii) paragraph (c) of the proviso to sub-section (2) shall be deemed to have been omitted; 
(iii) sub-section (2A) shall be deemed to have been omitted; 
(iv)  the  words  “other  than  the  Chief  Judicial  Magistrate”  in  sub-section  4,  shall  be  deemed  to 
have been omitted and for the words “to the Chief Judicial Magistrate” in that sub-section, the words 
“to the Sessions Judge” shall be deemed to have been substituted.”. 

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 
Meghalaya 
Amendment of Section 167 of the Code.—In section 167 of the Code-  
(a) in sub-section (1) 

(i) for the words “nearest Judicial Magistrate” the words “Deputy Commissioner or Assistant to 

the Deputy Commissioner” shall be substituted. 

(ii) for the words “such Magistrate” occurring at the end, the word “him” shall be substituted. 
(b) in sub-section (2), for the word “Magistrate” occurring at the beginning, the words “Deputy 
Commissioner”  and  for  the  words  “such Magistrate occurring  between the  words  “as”  and  ‘thinks’ 
the word “he” shall substituted. 

(c) in the provisos (a), (b) and the explanation below proviso (c), to sub-section (2) for the word 
“Magistrate”  wherever  it  occurs  the  words  “Deputy  Commissioner  or  Assistant  to  the  Deputy 
Commissioner shall substituted. (d) in the proviso (c) to sub-section (2), for the word “Magistrate” the 
words “Assistant to the Deputy Commissioner” shall be substituted. 

98 

 
(e)  In  sub-section  (3),  for  the  words  “A  Magistrate”  the  words  “Deputy  Commissioner  or 

Assistant to the Deputy Commissioner” shall be substituted. 

(f) that for sub-section (4), the following shall be substituted, namely-  
“(4) Any Assistant to the Deputy Commissioner making such order shall forward a copy of his 

order, with his reasons for making it, to the Deputy Commissioner.” 

(g) in sub-section (5), for the words “a Magistrate” occurring at the beginning and “Magistrate” 
occurring  elsewhere,  the  words  “an  Assistant  to  the  Deputy  Commissioner”  and  “Assistant  to  the 
Deputy Commissioner” respectively shall be substituted. 

(h) in sub-section (6) for the words “Sessions Judge” the words “Deputy Commissioner” shall be 

substituted.  

[Vide Meghalaya Act 4 of 1988, s. 4] 
Uttar Pradesh 

After  section  167  of  the  Code  of  Criminal  Procedure,  1973  as  amended  in  its  application  to  Uttar 

Pradesh, the following section shall be inserted, namely :— 

“167-A. For the avoidance of doubts, it is hereby declared that the provisions of section 167 shall, so far 
as may be apply also in relation to any person arrested by, or under any order or direction of, a magistrate, 
whether executive or judicial.” 

[Vide Uttar Pradesh Act 18 of 1977, s. 2] 

168. Report of investigation by subordinate police  officer.—When any subordinate  police officer  has  made 
any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the 
police station. 

169. Release of accused when evidence deficient.—If, upon an  investigation under this Chapter, it  appears to 
the officer in charge of the police station that there is  not sufficient evidence or reasonable ground of suspicion to 
justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on 
his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before 
a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him 
for trial. 

170.  Cases  to  be  sent  to  Magistrate,  when  evidence  is  sufficient.—(1)  If,  upon  an  investigation  under  this 
Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground  
as  aforesaid, such  officer  shall  forward  the accused under custody to a Magistrate empowered to take cognizance 
of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and 
the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day 
fixed and for his attendance from day to day before such Magistrate until otherwise directed. 

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security 
for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other 
article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of 
the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think 
necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as 
the case may be) in the matter of the charge against the accused. 

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include 
any  Court  to  which  such  Magistrate  may  refer  the  case  for  inquiry  or  trial,  provided  reasonable  notice  of  such 
reference is given to such complainant or persons. 

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who 

executed it, and shall then send to the Magistrate the original with his report. 

171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to 
restraint.—No complainant or witness on his way to any Court shall be required to accompany a police officer, or 

99 

 
shall  be  subjected  to  unnecessary  restraint  or  inconvenience,  or  required  to  give  any  security  for  his  appearance 
other than his own bond: 

Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the 
officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody 
until he executes such bond, or until the hearing of the case is completed. 

172.  Diary  of  proceedings  in  investigation.—(1)  Every  police  officer  making  an  investigation  under  this 
Chapter  shall  day  by  day  enter  his  proceedings  in  the  investigation  in  a  diary,  setting  forth  the  time  at  which  the 
information reached him, the time at which he began and closed his investigation, the place or places visited by him, 
and a statement of the circumstances ascertained through his investigation. 

1[(1A)  The  statements  of  witnesses  recorded  during  the  course  of  investigation  under  section  161  shall  be 

inserted in the case diary. 

(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.] 

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such 

diaries, not as evidence in the case, but to aid it in such inquiry or trial. 

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them 

merely  because  they  are  referred  to  by  the  Court;  but,  if  they  are  used  by  the  police  officer  who  made  them  to  refresh  his 

memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 

145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply. 

173.  Report  of  police  officer  on  completion  of  investigation.—(1)  Every  investigation  under  this  Chapter  shall  be 

completed without unnecessary delay. 

2[(1A) The investigation in relation to 3[an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 

376E] from the date on which the information was recorded by the officer in charge of the police station.] 

(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take 

cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating— 

 (a) the names of the parties; 

(b) the nature of the information; 

(c) the names of the persons who appear to be acquainted with the circumstances of the case; 

(d) whether any offence appears to have been committed and, if so, by whom; 

(e) whether the accused has been arrested; 

(f) whether he has been released on his bond and, if so, whether with or without sureties; 

(g) whether he has been forwarded in custody under section 170. 

4[(h) whether the report of medical examination of the woman has been attached where investigation relates 
to an offence under 5[ sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian 
Penal Code (45 of 1860)].] 

(ii)  The  officer  shall  also  communicate,  in  such  manner  as  may  be  prescribed  by  the  State  Government,  the 
action taken by him, to the person, if any, by whom the information relating to the commission of the offence was 
first given. 

(3)  Where  a  superior  officer  of  police  has  been  appointed  under  section  158,  the  report  shall,  in  any  case  in 

1. Ins. by Act 5 of 2009, s. 15 (w.e.f. 31-12-2009).  
2. Ins. by  s. 16, ibid., (w.e.f. 31-12-2009).  
3. Subs. by Act 22 of  2018, s. 14, for “rape of a child may be completed within three months” (w.e.f. 21-4-2018). 
4. Ins. by Act 5 of 2009, s. 16 (w.e.f. 31-12-2009). 
5. Subs. by Act 22 of 2018, s. 14, for “section 376, 376A, 376B, 376C, 387D” (w.e.f. 21-4-2018). 

100 

 
                                                 
which the State Government by general or special order so directs, be submitted through that officer, and he may, 
pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. 

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his 

bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. 

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the 

Magistrate along with the report— 

(a) all documents or relevant extracts  thereof on  which the  prosecution  proposes to rely other than those 

already sent to the Magistrate during investigation; 

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine 

as its witnesses. 

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of 
the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the 
public interest, he shall indicate  that part of the  statement and append a note requesting the Magistrate  to exclude 
that part from the copies to be granted to the accused and stating his reasons for making such request. 

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused 

copies of all or any of the documents referred to in sub-section (5). 

 (8)  Nothing  in  this  section  shall  be  deemed  to  preclude  further  investigation  in  respect  of  an  offence  after  a 
report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in 
charge  of  the  police  station  obtains  further  evidence,  oral  or  documentary,  he  shall  forward  to  the  Magistrate  a 
further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) 
shall,  as  far  as  may  be,  apply  in  relation  to  such  report  or  reports  as  they  apply  in  relation  to  a  report  forwarded 
under sub-section (2). 

Arunachal Pradesh  

STATE AMENDMENT 

Amendment of section 173.—In section 173 of the principal Act, in sub-section (2), in sub-clause 
(h) of clause (i), for the words, figures and letters “or section 376, 376A, 376B, 376C, 376D or 376E of 
the  Indian  Penal  Code”  the  words  figures  and  letters  “section  376,  376A,  376AA,  376B,  376C,  376D, 
376DA or section 376E of the Indian Penal Code” Shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 16] 

174. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station or some 
other police officer specially  empowered by the State Government in that behalf receives information that a person 
has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died 
under  circumstances  raising  a  reasonable  suspicion  that  some  other  person  has  committed  an  offence,  he  shall 
immediately  give  intimation  thereof  to  the  nearest  Executive  Magistrate  empowered  to  hold  inquests,  and,  unless 
otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District 
or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the 
presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw  up a 
report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may 
be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to 
have been inflicted. 

(2)  The  report  shall  be  signed  by  such  police  officer  and  other  persons,  or  by  so  many  of  them  as 
concur  therein,  and  shall  be  forthwith  forwarded  to  the  District  Magistrate  or  the  Sub-divisional 
Magistrate. 

101 

 
(3) 1[When— 

(i) the case involves suicide by a woman within seven years of her marriage; or 

(ii)  the  case  relates  to  the  death  of  a  woman  within  seven  years  of  her  marriage  in  any 
circumstances raising a reasonable suspicion that some other person committed an offence in relation 
to such woman; or 

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of 

the woman has made a request in this behalf; or 

(iv) there is any doubt regarding the cause of death; or  

(v) the police officer for any other reason considers it expedient so to do, 

he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, 
with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed 
in this behalf by the State Government, if the state of the weather and the distance admit of its being so 
forwarded without risk of such putrefaction on the road as would render such examination useless. 

(4)  The  following  Magistrates  are  empowered  to  hold  inquests,  namely,  any  District  Magistrate  or 
Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the 
State Government or the District Magistrate. 

175. Power to summon persons.—(1) A police officer proceeding under section 174 may, by order 
in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any 
other person who appears to be acquainted with the facts of the case and every person so summoned shall 
be bound to attend and to answer truly all questions other than questions the answers to which would have 
a tendency to expose him to a criminal charge or to a penalty or forfeiture. 

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall 

not be required by the police officer to attend a Magistrate’s Court. 

176. Inquiry by Magistrate into cause of death.—(1) 2[3*** when the case is of the nature referred 
to in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to hold 
inquests  shall,  and  in  any  other  case  mentioned  in  sub-section  (1)  of  section  174,  any  Magistrate  so 
empowered  may  hold  an  inquiry  into  the  cause  of  death  either  instead  of,  or  in  addition  to,  the 
investigation held by the police officer; and if he does so, he shall have all the powers in conducting it 
which he would have in holding an inquiry into an offence. 

4[(1A) Where,— 

 (a) any person dies or disappears, or 

(b) rape is alleged to have been committed on any woman, 

while  such  person  or  woman  is  in  the  custody  of  the  police  or  in  any  other  custody  authorised  by  the 
Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an 
inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within 

1. Subs. by Act 46 of 1983, s. 3, for certain words (w.e.f. 25-12-1983). 
2. Subs. by,  s. 4, ibid., for certain words (w.e.f. 25-12-1983). 
3. Certain words omitted by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006).  
4. Ins. by Act 25 of 2005, s. 18 (w.e.f. 23-6-2006). 

102 

 
 
                                                 
whose local jurisdiction the offence has been committed.] 

(2)  The  Magistrate  holding  such  an  inquiry  shall  record  the  evidence  taken  by  him  in  connection 

therewith in any manner hereinafter prescribed according to the circumstances of the case. 

 (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any 
person  who  has  been  already  interred,  in  order  to  discover  the  cause  of  his  death,  the  Magistrate  may 
cause the body to be disinterred and examined. 

(4)  Where  an  inquiry  is  to  be  held  under  this  section,  the  Magistrate  shall,  wherever  practicable, 
inform  the  relatives  of  the  deceased  whose  names  and  addresses  are  known,  and  shall  allow  them  to 
remain present at the inquiry. 

3[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer 
holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four 
hours of the death of a person, forward the body with a  view to its being examined to the nearest Civil 
Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is 
not possible to do so for reasons to be recorded in writing.] 

Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and 

spouse. 

CHAPTER XIII 

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 

177. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried 

by a Court within whose local jurisdiction it was committed. 

178. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence 

was committed, or 

(b) where an offence is committed partly in one local area and partly in another, or 

(c) where an offence is a continuing one, and continues to be committed in more local areas than 

one, or 

(d) where it consists of several acts done in different local areas, 

it may be inquired into or tried by a Court having jurisdiction over any of such local areas. 

179.  Offence  triable  where  act  is  done  or  consequence  ensues.—When  an  act  is  an  offence  by 
reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into 
or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. 

180. Place of trial where act is an offence by reason of relation to other offence.—When an act is an offence 
by reason of its relation to any other act  which is also an  offence or  which  would be an offence if the doer  were 
capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose 
local jurisdiction either act was done. 

181. Place of trial in case of certain offences.—(1) Any offence of being a thug, or murder committed by a 
thug, of dacoity, of dacoity  with  murder, of belonging to  a  gang of dacoits, or of escaping  from custody,  may be 
inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is 
found. 

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose 

local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. 

103 

 
(3)  Any  offence  of  theft,  extortion  or  robbery  may  be  inquired  into  or  tried  by  a  Court  within  whose  local 
jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by 
any  person  committing  it  or  by  any  person  who  received  or  retained  such  property  knowing  or  having  reason  to 
believe it to be stolen property. 

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a 
Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of 
the offence was received or retained, or was required to be returned or accounted for, by the accused person. 

(5)  Any  offence  which  includes  the  possession  of  stolen  property  may  be  inquired  into  or  tried  by  a  Court 
within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who 
received or retained it knowing or having reason to believe it to be stolen property. 

182. Offences committed by letters, etc.—(1) Any offence  which includes cheating  may, if the deception is 
practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose 
local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly 
inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property 
was delivered by the person deceived or was received by the accused person. 

 (2) Any offence punishable  under section 494 or section  495 of the Indian Penal  Code  (45 of 1860) may be 
inquired  into  or  tried  by  a  Court  within  whose  local  jurisdiction  the  offence  was  committed  or  the  offender  last 
resided  with  his  or  her  spouse  by  the  first  marriage  1[,  or  the  wife  by  the  first  marriage  has  taken  up  permanent 
residence after the commission of the offence]. 

183.  Offence  committed  on  journey  or  voyage.—When  an  offence  is  committed  whilst  the  person  by  or 
against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or 
voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or 
thing passed in the course of that journey or voyage. 

184. Place of trial for offences triable together.—Where— 

(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, 

each such offence by virtue of the provisions of section 219, section 220 or section 221, or 

(b) the offence or offences committed by several persons are such that they may be charged with and tried 

together by virtue of the provisions of section 223, 

the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. 

185. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything contained in 
the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed 
for trial in any district may be tried in any sessions division: 

Provided  that  such  direction  is  not  repugnant  to  any  direction  previously  issued  by  the  High  Court  or  the 

Supreme Court under the Constitution, or under this Code or any other law for the time being in force. 

186. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—Where two or 
more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire 
into or try that offence, the question shall be decided— 

(a) if the Courts are subordinate to the same High Court, by that High Court; 

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of 

whose appellate criminal jurisdiction the proceedings were first commenced, 

and thereupon all other proceedings in respect of that offence shall be discontinued. 

187.  Power to  issue  summons  or  warrant  for  offence  committed  beyond  local  jurisdiction.—(1)  When  a 
Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside 

1.Ins. by Act 45 of 1978, s. 15  (w.e.f. 18.12.1978).  

104 

 
                                                 
such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 
185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction 
but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if 
it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to 
appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, 
if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give 
bail  to  the  satisfaction  of  the  Magistrate  acting  under  this  section,  take  a  bond  with  or  without  sureties  for  his 
appearance before the Magistrate having such jurisdiction. 

(2)  When  there  are  more  Magistrates  than  one  having  such  jurisdiction  and  the  Magistrate  acting  under  this 
section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, 
the case shall be reported for the orders of the High Court.                                                                             

188. Offence committed outside India.—When an offence is committed outside India— 

(a) by a citizen of India, whether on the high seas or elsewhere; or 

(b) by a person, not being such citizen, on any ship or aircraft registered in India, 

he may be dealt with in respect of such offence as if it had been committed at any place within India at which he 
may be found: 

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall 

be inquired into or tried in India except with the previous sanction of the Central Government. 

189. Receipt of evidence relating to offences committed outside India.—When any offence alleged to have 
been committed in a territory outside India is being inquired into or tried under the  provisions of section 188, the 
Central  Government  may,  if  it  thinks  fit,  direct  that  copies  of  depositions  made  or  exhibits  produced  before  a 
Judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory 
shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue 
a commission for taking evidence as to the matters to which such depositions or exhibits relate. 

CHAPTER XIV 
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 

190. Cognizance of offences by Magistrates.—(1) Subject to the provisions of this Chapter, any Magistrate of 
the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may 
take cognizance of any offence— 

(a) upon receiving a complaint of facts which constitute such offence; 

(b) upon a police report of such facts; 

(c) upon information received from any person other than a police officer, or upon his own knowledge, that 

such offence has been committed. 

(2) The  Chief Judicial Magistrate  may empower any Magistrate  of the second class to take cognizance  under 

sub-section (1) of such offences as are within his competence to inquire into or try. 

Maharashtra  

STATE AMENDMENTS 

Amendment  of  section  190.-  In  section  190  of  the  said  Code,  in  sub-section  (1),  after  clause  (c),  following 

provisos shall be added, namely:— 

“Provided  that,  no  Magistrate  shall  take  cognizance  of  any  offence  alleged  to  have  been  committed  by  any 
person  who is or  was a public servant as defined under any other law for the time being in force,  while acting or 
purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the 

105 

 
Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force: 

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date 
of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the 
said  stipulated  period  of  ninety  days,  the  sanction  shall  be  deemed  to  have  been  accorded  by  the  sanctioning 
authority.”. 

[Vide Maharashtra Act 33 of 2016, s. 3.] 

Assam 

In  Section  190  of  the  Code,  in  sub-section  (1),  after  the  words  “any  Magistrate  of    the  first  class”  the  words 

“any Executive Magistrate” shall be inserted; 

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] 

Manipur 

In  section  190  of  the  Code,  after  sub-section  (2),  the  following  sub-section  shall  be  added, 
namely:-- “(3) Any specified Executive Magistrate may, to the exclusion, of any other Magistrate take 
cognizance, under sub-section (1), of any offence specified in clause (a) of sub-section (1) of section 4 of 
the  Code  of  Criminal  Procedure  (Manipur  Second  Amendment)  Act  1984,  and  the  reference  in  sub-
section (1) of this section to a Magistrate of the first class shall, in relation to such offence, be construed 
as reference to a Specified Executive Magistrate.”. 

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 

191.  Transfer  on  application  of  the  accused.—When  a  Magistrate  takes  cognizance  of  an  offence  under 
clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is 
entitled to  have the case  inquired into or tried by another  Magistrate, and if the  accused or any of the accused, if 
there  be  more  than  one,  objects  to  further  proceedings  before  the  Magistrate  taking  cognizance,  the  case  shall  be 
transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. 

Assam 

STATE AMENDMENT 

In Section 191 of the Code, the reference to “Chief Judicial Magistrate” Shall, in relation to an offence taken 

cognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate.  

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] 

Manipur 

 In section 191 of the In Section 191 of the Code, the reference to “Chief Judicial Magistrate” Shall, in 
relation  to  an  offence  taken  cognizance  of  by  an  Specified  Executive  Magistrate,  be  construed  as  a 
reference to the District Magistrate. 

[Vide Manipur 3 of 1985, s. 4(2) and the Schedule] 

192. Making over of cases to Magistrates.—(1) Any Chief Judicial Magistrate may, after taking cognizance of 

an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him. 

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking 
cognizance of an offence,  make over the case for inquiry or trial to such other competent Magistrate  as the  Chief 
Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or 
trial. 

106 

 
STATE AMENDMENT 

Assam 

In Section 192 of the Code:— 

(i) in sub-section (1), after the word “Any” the words “District Magistrate” shall be inserted; 

(ii) sub-section (2) shall be substituted as follows:— 

(2)  Any  Sub-divisional  Magistrate  or  Magistrate  of  the  first  class  empowered  in  this  behalf    by  District 
Magistrate or Chief  Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make 
over the case for enquiry or trial to such other competent  Magistrate as the District Magistrate or  Chief Judicial 
Magistrate may, by general or special order, specify, and thereupon such Magistrate  may hold the enquiry or 
trail. 

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] 

Manipur 

 In section 192 of the Code,-- 

(i) in sub-section (1), after the word “Any”, the words “District Magistrate or” shall be inserted; 

(ii) for sub-section (2), the following sub-section shall be substituted namely:-- 

 “(2)  Any  sub-Divisional  Magistrate  who  is  a  Specified  Executive  Magistrate  or  any 
Magistrate of the first class empowered in this behalf by the District Magistrate or Chief Judicial 
Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case 
for inquiry or trail to such other competent Magistrate as the District Magistrate or chief Judicial 
Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the 
inquiry or trial.”.  

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 

193. Cognizance of offences by Courts of Session.—Except as otherwise expressly provided by this Code or 
by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of 
original jurisdiction unless the case has been committed to it by a Magistrate under this Code. 

194.  Additional  and  Assistant  Sessions  Judges  to  try  cases  made  over  to  them.—As  Additional  Sessions 
Judge  or  Assistant  Sessions  Judge  shall  try  such  cases  as  the  Sessions  Judge  of  the  division  may,  by  general  or 
special order, make over to him for trial or as the High Court may, by special order, direct him to try. 

195. Prosecution for contempt  of lawful authority of public servants,  for offences against public justice 

and for offences relating to documents given in evidence.—(1) No Court shall take cognizance— 

(a)  (i)  of  any  offence  punishable  under  sections  172  to  188  (both  inclusive)  of  the  Indian  Penal  Code,            

(45 of 1860), or 

(ii) of any abetment of, or attempt to commit, such offence, or 

(iii) of any criminal conspiracy to commit such offence, 

except on the complaint in writing  of the public servant concerned or of some other public servant to whom he is 
administratively subordinate; 

(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), 
namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence 
is alleged to have been committed in, or in relation to, any proceeding in any Court, or 

(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of 

107 

 
the said Code, when such offence is alleged to have been committed in respect of a document produced or given 
in evidence in a proceeding in any Court, or 

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified 

in sub-clause (i) or sub-clause (ii), 

1[except  on  the  complaint  in  writing  of  that  Court  or  by  such  officer  of  the  Court  as  that  Court  may  authorise  in 
writing in this behalf, or of some other Court to which that Court is subordinate.] 

(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to 
which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to 
the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint: 

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded. 
(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a 
tribunal  constituted  by  or  under  a  Central,  Provincial  or  State  Act  if  declared  by  that  Act  to  be  a  Court  for  the 
purposes of this section. 

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to 
which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil 
Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction 
within whose local jurisdiction such Civil Court is situate: 

Provided that— 

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court 

to which such Court shall be deemed to be subordinate; 

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate 
to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the 
offence is alleged to have been committed. 
2[195A.  Procedure  for  witnesses  in  case  of  threatening,  etc.—A  witness  or  any  other  person  may  file  a 

complaint in relation to an offence under section 195A of the Indian Penal Code (45 of 1860).]  

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.—(1) 

No Court shall take cognizance of— 

(a) any offence punishable under Chapter VI or under section 153A,  3[section 295A or sub-section (1) of 

section 505] of the Indian Penal Code (45 of 1860), or 

(b) a criminal conspiracy to commit such offence, or 
(c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860),  

except with the previous sanction of the Central Government or of the State Government. 

4[(1A) No Court shall take cognizance of— 

(a) any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of the 

Indian Penal Code (45 of 1860), or 

(b) a criminal conspiracy to commit such offence, 

except  with  the  previous  sanction  of  the  Central  Government  or  of  the  State  Government  or  of  the  District 
Magistrate.] 

(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of 
the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit  5[an offence] punishable with death, 
imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or 
the District Magistrate has consented in writing to the initiation of the proceedings: 

Provided  that  where  the  criminal  conspiracy  is  one  to  which  the  provisions  of  section  195  apply,  no  such 

consent shall be necessary. 

 (3) The Central Government or the State Government may, before according sanction  6[under sub-section (1) 
or  sub-section  (1A)  and  the  District  Magistrate  may,  before  according  sanction  under  sub-section  (1A)]    and  the  
State Government or the District Magistrate may, before  giving consent under sub-section (2), order a preliminary 
investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have 

1. Subs. by Act 2 of 2006, s. 3, for certain words (w.e.f. 16-4-2006). 
2. Ins. by Act 5 of 2009, s.17 (w.e.f. 31-12-2009). 
3. Subs. by Act 63 of 1980, s. 3, for “section 153B, section 295A or section 505” (w.e.f. 23-9-1980).  
4. Ins. by s. 3, ibid. (w.e.f. 23-9-1980). 
5. Subs. by Act 45 of 1978, s. 16, for “a cognizable offence”  (w.e.f. 18-12-1978). 
6.  Subs. by Act 63 of 1980, s. 3, for “under sub-section (1)” (w.e.f. 23-9-1980). 

108 

 
                                                 
the powers referred to in sub-section (3) of section 155. 
Manipur 

In  section  196  of  the  Code,  after  sub-section  (3),  the  following  sub-section  shall  be  added, 

namely:--  

“(4)  No  Specified  Executive  Magistrate  shall  take  cognizance  of  any  offence  except  with  the 
previous  sanction  of  the  state  Government  or  such  other  authority  or  officer  as  it  may,  by  order 
published in the official Gazette, specify.”.  

[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] 

197. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate 
or a public servant not removable from his office save by or with the sanction of the Government is accused of any 
offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, 
no Court shall take cognizance of such offence except with the previous sanction 1[save as otherwise provided in the 
Lokpal and Lokayuktas Act, 2013 (1 of 2014)]— 

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the 

alleged offence employed, in connection with the affairs of the Union, of the Central Government; 

(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the 

alleged offence employed, in connection with the affairs of a State, of the State Government: 

2[Provided that where the alleged offence was committed by a person referred to in clause (b) during the period 
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will 
apply  as  if  for  the  expression  “State  Government”  occurring  therein,  the  expression  “Central  Government”  were 
substituted.] 

3[Explanation.—For the removal of doubts it is hereby declared that no sanction shall be required in case of a 

public  servant  accused  of  any  offence  alleged  to  have  been  committed  under  section  166A,  section  166B,                
section  354,  section  354A,  section  354B,  section  354C,  section  354D,  section  370,  section  375,  4[section  376A, 
section  376AB,  section  376C,  section  376D,  section  376DA,  section  376DB]  or  section  509  of  the  Indian  Penal 
Code (45 of 1860).] 

 (2)  No  Court  shall  take  cognizance  of  any  offence  alleged  to  have  been  committed  by  any  member  of  the 
Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the 
previous sanction of the Central Government. 

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such 
class or category of the members of the Forces charged with the maintenance of public order as may be specified 
therein,  wherever  they  may  be  serving,  and  thereupon  the  provisions  of  that  sub-section  will  apply  as  if  for  the 
expression “Central Government” occurring therein, the expression “State Government” were substituted. 

5[(3A)  Notwithstanding anything contained in sub-section  (3), no court shall take cognizance of any offence, 
alleged  to  have  been  committed  by  any  member  of  the  Forces  charged  with  the  maintenance  of  public  order  in  a 
State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation 
issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of 
the Central Government. 

(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any 
sanction accorded by  the State Government or any  cognizance taken by  a court  upon  such  sanction, during the period 
commencing  on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the 
Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to an 
offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of 
the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such 

1. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014).  
2. Added by Act 43 of 1991, s. 2 (w.e.f. 2-5-1991).  
3. Explanation ins. by Act 13 of 2013, s. 18 (w.e.f. 3-2-2013).  
4. Subs. by Act 22 of 2018, s. 15, for “section 376A, section 376C, section 376D” (w.e.f. 21-4-2018). 
5. Ins. by Act 43 of 1991, s. 2 (w.e.f. 2-5-1991).  

109 

 
                                                 
matter to accord sanction and for the court to take cognizance thereon.] 

(4) The Central Government or the State Government, as the case may be, may determine the person by whom, 
the  manner  in  which,  and  the  offence  or  offences  for  which,  the  prosecution  of  such  Judge,  Magistrate  or  public 
servant is to be conducted, and may specify the Court before which the trial is to be held. 

Tripura. — 

STATE AMENDMENT 

Insertion of a new Section 197(IA).—In the Code of Criminal Procedure, 1973, in section 197 after                 

sub-section  (I)  the  following  sub-section  shall  be  inserted,  only  for  application  in  the  State  of  Tripura, 
namely:— 

“(IA) When as per provision of any relevant law for the time being in force a public servant referred 
to in Sub-Section (1) (b) is directly appointed, transferred or posted by the State Government in any local 
or  other  authorities  including  a  Government  Company,  Corporation  or  Public  Sector  Undertaking,  he 
shall  be  deemed  to  be  employed  in  connection  with  the  affairs  of  the  State  and  no  Court  shall  take 
cognizance  of  any  offence  as  referred  to  in  Sub-Section  (I)  without  previous  sanction  of  the  State 
Government. 

[Vide Tripura Act 6 of 2003, s. 2] 

Assam.— 

In Section 197 of the Code. — 

(a) in sub-section (1), for the words “in the discharge of” the words “in or in connection with 

the discharge of” shall be substituted; 

(b) in sub-section (2), for the words “in the discharge of” the words “in or in connection with 

the discharge of” shall be substituted; 

(c) after sub-section (4), the fallowing subsections shall be inserted, namely: — 

(5) Notwithstanding anything contained in this Code,— 

(a)  where  a  complaint  is  made  to  a  Court  against  a  public  servant  belonging  to  any  class  or 
category specified under sub-section (3) alleging that he has committed an offence, the Court shall 
postpone the issue of process against the accused and make a reference to the State Government; or 

(b)  where  an  accused,  either  by  himself  or  through  a  pleader,  claims  before  a  Court  that  he 
belongs to any class or category specified under sub-section (3) and that the offence alleged to have 
been committed by him arose out of any action taken by him while acting or purporting to act in or 
in  connection  with  the  discharge  of  his  official  duty,  the  Court  shall  forthwith  stay  further 
proceedings and make a reference to the State Government. 

(6) (i)  Where  a  reference  is  received  from  a  Court  under  sub-section  (5),  the  State  Government 
shall issue a certificate to the Court that the accused person was or was not acting or purporting to act 
in, or in connection with the discharge of his official duty. 

(ii)  If  the  State  Government  certifies  that  the  accused  was  acting  or  purporting  to  act  in or in 
connection  with  the  discharge  of  his  official  duty,  the  Court  shall  dismiss  the  complaint  or 
discharge the accused: 

Provided  that  the  complainant  may,  within  sixty  days  from  the  date  of  the  issue  of  such 

certificate prefer an appeal to the High Court against the Certificate: 

Provided further that the High Court may entertain the appeal after the expiry of the said period 
of sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferring 
the appeal within the said period. 

110 

 
 
(iii) If the State Government certifies that the accused was not acting or purporting to act in or in 
connection  with,  the  discharge  of  his  official  duty,  the  Court  may  proceed  further  with  the 
complaint in accordance with the provisions of this Code. 

(7) The provisions of sub-sections (5) and (6) shall apply to all proceedings pending on the date of 
commencement  of  this  Act  in  respect  of  which  a  Court  had  taken  cognizance  of  an  offence  in 
accordance with the provisions of this Code. 

[Vide Assam Act 3 of 1984, s. 4] 

Arunachal Pradesh 

Amendment of section 197.—In the Explanation to the section 197 of the principal Act, for the words, 
figures and letters “section 166A, section 166B, section 354, section 354A, section 354B, section 354C, 
section 354D, section 370, section 375, section 376, section 376A, section 376C, section 376D or section 
509 of the Indian Penal Code “the words, figures and letters “section 166A, section 166B, section 354, 
section 354A, section 354B, section 354C, section 354D, section 370, section 375, section 376, section 
376A,  section  376AA,  section  376C,  section  376D,  section  376DA  or  section  509  of  the  Indian  Penal 
Code shall be substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 17] 

198.  Prosecution  for  offences  against  marriage.—(1)  No  Court  shall  take  cognizance  of  an  offence 
punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person 
aggrieved by the offence: 

Provided that— 

(a) where such person is  under the age of eighteen  years,  or is an idiot or a lunatic, or is from  sickness or 
infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not 
to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his 
or her behalf; 

(b)  where  such  person  is  the  husband  and  he  is  serving  in  any  of  the  Armed  Forces  of  the  Union  under 
conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to 
enable him to make a complaint in person, some other person authorised by the husband in accordance with the 
provisions of sub-section (4) may make a complaint on his behalf; 

(c)  where the person aggrieved by an offence punishable  under  1[section 494 or section  495] of the  Indian 
Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, 
son or daughter or by her father’s or mother’s brother or sister    2[, or, with the leave of the Court, by any other 
person related to her by blood, marriage or adoption].   

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be 

aggrieved by any offence punishable under section 497 or section 498 of the said Code: 

Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time 

when such offence was committed may, with the leave of the Court, make a complaint on his behalf. 

(3) When in any case  falling  under clause  (a) of the  proviso to sub-section (1), the complaint is sought to be 
made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or 
declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied 
that  there  is  a  guardian  so  appointed  or  declared,  the  Court  shall,  before  granting  the  application  for  leave,  cause 
notice to be given to such guardian and give him a reasonable opportunity of being heard. 

(4)  The  authorisation  referred  to  in  clause  (b)  of  the  proviso  to  sub-section  (1),  shall  be  in  writing,  shall  be 
signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the 
allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall 
be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a 

1. Subs. by Act 45 of 1978, s. 17, for “section 494” (w.e.f. 18-12-1978).  
2. Ins. by s. 17,  ibid. (w.e.f.  18-12-1978). 

111 

 
                                                 
complaint in person cannot for the time being be granted to the husband. 

(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), 
and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be 
presumed to be genuine and shall be received in evidence. 

(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 
1860),  where  such  offence  consists  of  sexual  intercourse  by  a  man  with  his  own  wife,  the  wife  being 
under 1[eighteen years of age], if more than one year has elapsed from the date of the commission of the 
offence. 

(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they 

apply to the offence. 

2[198A. Prosecution of offences under section 498A of the Indian Penal Code.—No Court shall 
take  cognizance  of  an  offence  punishable  under  section  498A  of  the  Indian  Penal  Code  (45  of  1860) 
except  upon  a  police  report  of  facts  which  constitute  such  offence  or  upon  a  complaint  made  by    the  
person  aggrieved  by  the offence or by her father, mother, brother, sister or by her father’s or mother’s 
brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or 
adoption.] 

3[198B.  Cognizance  of  offence.—No  Court  shall  take  cognizance  of  an  offence  punishable  under 
section  376B  of  the  Indian  Penal  Code    (45  of  1860)  where  the  persons  are  in  a  marital  relationship, 
except  upon  prima  facie satisfaction  of  the  facts  which  constitute the  offence upon  a  complaint having 
been filed or made by the wife against the husband.] 

199.  Prosecution  for  defamation.—(1)  No  Court  shall  take  cognizance  of  an  offence  punishable 
under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person 
aggrieved by the offence: 

Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is 
from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs 
and manners, ought not to be compelled to appear in public, some other person may, with the leave of the 
Court, make a complaint on his or her behalf. 

(2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of 
the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of 
such  commission,  is  the  President  of  India,  the  Vice-President  of  India,  the  Governor  of  a  State,  the 
Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any 
other public servant employed in connection with the affairs of the Union or of a State in respect of his 
conduct in the discharge of his public functions a Court of Session may take cognizance of such offence, 
without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. 

 (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence 
alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to 
the accused of the offence alleged to have been committed by him. 

(4)  No  complaint  under  sub-section  (2)  shall  be  made  by  the  Public  Prosecutor  except  with  the 

previous sanction— 

(a) of the State Government, in the case of a person who is or has been the Governor of that State 

or a Minister of that Government; 

1. Subs. by Act 5 of 2009, s. 18, for “fifteen years of age”  (w.e.f. 31-12-2009)  
2. Ins. by Act 46 of 1983, s. 5 (w.e.f. 25-12-1983). 
3. Ins. by Act 13 of 2013, s. 19 (w.e.f. 3-2-2013).  

112 

 
                                                 
(b) of the State Government, in the case of any other public servant employed in connection with 

the affairs of the State; 

(c) of the Central Government, in any other case. 

(5)  No  Court  of  Session  shall  take  cognizance  of  an  offence  under  sub-section  (2)  unless  the 
complaint  is  made  within  six  months  from  the  date  on  which  the  offence  is  alleged  to  have  been 
committed. 

(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to 
have  been  committed,  to  make  a  complaint  in  respect  of  that  offence  before  a  Magistrate  having 
jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. 

CHAPTER XV 

COMPLAINTS TO MAGISTRATES 

200.  Examination  of  complainant.—A  Magistrate  taking  cognizance  of  an  offence  on  complaint 
shall  examine  upon  oath  the  complainant  and  the  witnesses  present,  if  any,  and  the  substance  of  such 
examination shall be reduced  to  writing  and shall  be signed  by  the  complainant  and the  witnesses,  and 
also by the Magistrate: 

Provided  that,  when  the  complaint  is  made  in  writing,  the  Magistrate  need  not  examine  the 

complainant and the witnesses— 

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court 

has made the complaint; or 

(b)  if  the  Magistrate  makes  over  the  case  for  inquiry  or  trial  to  another  Magistrate  under                 

section 192: 

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 

after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. 

201. Procedure by Magistrate not competent to take cognizance of the case.—If the complaint is 

made to a Magistrate who is not competent to take cognizance of the offence, he shall,— 

(a)  if  the  complaint  is  in  writing,  return  it  for  presentation  to  the  proper  Court  with  an 

endorsement to that effect; 

(b) if the complaint is not in writing, direct the complainant to the proper Court. 

202. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence 
of which he is authorised to take cognizance or which has been made over to him under section 192, may, 
if he thinks fit, 1[and shall, in a case where the accused is residing at a place beyond the area in which he 
exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the 
case himself or direct an investigation to be made by a police officer or by such other person as he thinks 
fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: 

Provided that no such direction for investigation shall be made,—   

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the 

Court of Session; or 

 (b) where the complaint has not been made by a Court, unless the complainant and the witnesses 

1. Ins. by Act 25 of 2005, s. 19 (w.e.f. 23-6-2006). 

113 

 
                                                 
present (if any) have been examined on oath under section 200. 

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses 

on oath: 

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by 
the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on 
oath. 

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall 
have for that investigation all the powers conferred by this Code on an officer in charge of a police station 
except the power to arrest without warrant. 

203.  Dismissal  of  complaint.—If,  after  considering  the  statements  on  oath  (if  any)  of  the 
complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, 
the  Magistrate  is  of  opinion  that  there  is  no  sufficient  ground  for  proceeding,  he  shall  dismiss  the 
complaint, and in every such case he shall briefly record his reasons for so doing. 

CHAPTER XVI 

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 

204. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is 

sufficient ground for proceeding, and the case appears to be— 

(a) a summons-case, he shall issue his summons for the attendance of the accused, or 

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused 
to  be  brought  or  to  appear  at  a  certain  time  before  such  Magistrate  or  (if  he  has  no  jurisdiction 
himself) some other Magistrate having jurisdiction. 

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the 

prosecution witnesses has been filed. 

(3)  In  a  proceeding  instituted  upon  a  complaint  made  in  writing,  every  summons  or  warrant issued 

under sub-section (1) shall be accompanied by a copy of such complaint. 

(4) When by any law for the time being in force any process-fees or other fees are payable, no process 
shall  be  issued  until  the  fees  are  paid  and,  if  such  fees  are  not  paid  within  a  reasonable  time,  the 
Magistrate may dismiss the complaint. 

(5) Nothing in this section shall be deemed to affect the provisions of section 87. 

205. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate 
issues  a  summons,  he  may,  if  he  sees  reason  so  to  do,  dispense  with  the  personal  attendance  of  the 
accused and permit him to appear by his pleader. 

 (2)  But  the  Magistrate  inquiring  into  or  trying  the  case  may,  in  his  discretion,  at  any  stage  of  the 
proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in 
the manner hereinbefore provided. 

206.  Special  summons  in  cases  of  petty  offence.—(1)  If,  in  the  opinion  of  a  Magistrate  taking 
cognizance of a petty offence, the case may be summarily disposed of under section 260 1[or section 261], 
the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue 

1. Ins. by Act 25 of 2005, s. 20 (w.e.f. 23-6-2006). 

114 

 
 
                                                 
summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a 
specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to 
transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and 
the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to 
the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his 
behalf and to pay the fine through such pleader: 

Provided that the amount of the fine  specified  in  such  summons  shall  not  exceed  1[one  thousand 

rupees]. 

(2) For the purposes of this section, “petty offence” means any offence punishable only with fine 
not exceeding one thousand rupees, but does not include any offence so punishable under the Motor 
Vehicles  Act,  1939 (4  of 1939)2, or under any other law  which  provides for convicting  the accused 
person in his absence on a plea of guilty. 

3[(3) The  State Government  may,  by  notification, specially empower  any Magistrate to exercise 
the  powers  conferred  by  sub-section  (1)  in  relation  to  any  offence  which  is  compoundable  under 
section 320 or any offence punishable with imprisonment for a term not exceeding three months, or 
with  fine,  or  with  both  where  the  Magistrate  is  of  opinion  that,  having  regard  to  the  facts  and 
circumstances of the case, the imposition of fine only would meet the ends of justice.] 

207. Supply to the accused of copy of police report and other documents.—In any case where 
the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the 
accused, free of cost, a copy of each of the following:— 

(i) the police report; 

(ii) the first information report recorded under section 154; 

(iii)  the  statements  recorded  under  sub-section  (3)  of  section  161  of  all  persons  whom  the 
prosecution  proposes  to  examine  as  its  witnesses,  excluding  therefrom  any  part  i n  regard  to 
which a request for such exclusion has been made by the police officer under sub -section (6) of 
section 173; 

(iv) the confessions and statements, if any, recorded under section 164; 

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police 

report under sub-section (5) of section 173: 
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in            

clause  (iii) and considering the reasons given by the police officer for the request, direct that a copy 
of  that  part  of  the  statement  or  of  such  portion  thereof  as  the  Magistrate  thinks  proper,  shall  be 
furnished to the accused: 

Provided further that if the Magistrate is satisfied that any document referred to in clause  (v) is 
voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only 
be allowed to inspect it either personally or through pleader in Court. 

208.  Supply  of  copies  of  statements  and  documents  to  accused  in  other  cases  triable  by 
Court  of  Session.—Where,  in  a  case  instituted  otherwise  than  on  a  police  report,  it  appears  to  the 
Magistrate  issuing  process  under  section  204  that  the  offence  is  triable  exclusively  by  the  Court  of 
Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the 
following:— 

(i) the statements recorded under section 200 or section 202, of all persons examined by the 

Magistrate; 

1. Subs. by Act 25 of 2005,  s. 20, for “one hundred rupees” (w.e.f. 23-6-2006). 
2. Now the Motor Vehicles Act, 1988 (59 of 1988).  
3. Ins. by Act 45 of 1978, s. 18 (w.e.f. 18-12-1978).  

115 

 
                                                 
(ii) the statements and confessions, if any, recorded under section 161 or section 164; 
(iii)  any  documents  produced  before  the  Magistrate  on  which  the  prosecution  proposes  to 

rely: 
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead 
of  furnishing  the  accused  with  a  copy  thereof,  direct  that  he  will  only  be  allowed  to  inspect  it  either 
personally or through pleader in Court. 

209. Commitment of case to Court of Session when offence is triable exclusively by it.—When in 
a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate 
and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— 

1[(a) commit, after complying with the provisions of section 207 or section 208, as the case may 
be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand 
the accused to custody until such commitment has been made;] 

(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, 

and until the conclusion of, the trial; 

(c) send to that Court the record of the case and the documents and articles, if any, which are to 

be produced in evidence; 

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session. 

STATE AMENDMENT 

Gujarat 

In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, for 

clause (a), the following clause shall be substituted, namely:— 

“(a)  Commit  the  case,  after  complying  with  the  provisions  of  section 207 or  section 208,  as  the  case 
may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused 
to custody until such commitment has been made”. 
[Vide Gujarat Act 30 of 1976, s. 2] 

Uttar Pradesh 

In section 209 of the said Code, for clauses (a) and (b), the following clauses shall be substituted and 

be deemed always to have been substituted, namely :— 

“(a) as soon as may be after complying with the provisions of section 207, commit the case to the 

court of session ; 

(b)  subject  to  the  provisions  of  this  Code  relating  to  bail,  remand  the  accused  to  custody  until 

commitment of the case under clause (a) and thereafter during, and until the conclusion of the trial.” 
[Vide Uttar Pradesh Act 16 of 1976, s. 6] 

210. Procedure to be followed when there is a complaint case and police investigation in respect 
of  the  same  offence.—(1)  When  in  a  case  instituted  otherwise  than  on  a  police  report  (hereinafter 
referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or 
trial held by him, that an investigation by the police is in progress in relation to the offence which is the 
subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry 
or trial and call for a report on the matter from the police officer conducting the investigation. 

(2)  If  a  report  is  made  by  the  investigating  police  officer  under  section  173  and  on  such  report 
cognizance  of  any  offence  is  taken  by  the  Magistrate  against  any  person  who  is  an  accused  in  the 
complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out 
of the police report as if both the cases were instituted on a police report. 

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does 
not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which 
was stayed by him, in accordance with the provisions of this Code. 

1. Subs. by Act 45 of 1978, s. 19, for clause (a) (w.e.f. 18-12-1978). 
116 

 
 
 
                                                 
CHAPTER XVII 

THE CHARGE 

A.—Form of charges 

211. Contents of charge.—(1) Every charge under this Code shall state the offence with which the 

accused is charged. 

 (2) If the law which creates the offence gives it any specific name, the offence may be described in 

the charge by that name only. 

(3) If the law which creates the offence does not give it any specific name, so much of the definition 

of the offence must be stated as to give the accused notice of the matter with which he is charged. 

(4) The law and section of the law against which the offence is said to have been committed shall be 

mentioned in the charge. 

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by 

law to constitute the offence charged was fulfilled in the particular case. 

(6) The charge shall be written in the language of the Court. 

(7)  If  the  accused,  having  been  previously  convicted  of  any  offence,  is  liable,  by  reason  of  such 
previous  conviction,  to  enhanced  punishment,  or  to  punishment  of  a  different  kind,  for  a  subsequent 
offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment 
which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous 
conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at 
any time before sentence is passed. 

Illustrations 

(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder 
given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions 
of  the  said  Code;  and  that  it  did  not  fall  within  any  of  the  five  exceptions  to  section  300,  or  that,  if  it  did  fall  within 
Exception 1, one or other of the three provisos to that exception applied to it. 

(b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B 
by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 
of the said Code, and that the general exceptions did not apply to it. 

(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. 
The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or 
that he used a false property-mark, without reference to the definitions, of those crimes contained in the Indian Penal Code 
(45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge. 

(d)  A  is  charged  under  section  184  of  the  Indian  Penal  Code  (45  of  1860)  with  intentionally  obstructing  a  sale  of 

property offered for sale by the lawful authority of a public servant. The charge should be in those words. 

212. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to 
the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in 
respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter 
with which he is charged. 

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money 
or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 

117 

 
the  movable  property  in respect  of  which  the  offence  is  alleged  to  have  been  committed,  and the  dates 
between which the offence is alleged to have been committed, without specifying particular items or exact 
dates,  and  the  charge  so  framed  shall  be  deemed  to  be  a  charge  of  one  offence  within  the  meaning  of 
section 219: 

Provided that the time included between the first and last of such dates shall not exceed one year. 

213. When manner of committing offence must be stated.—When the nature of the case is such 
that  the  particulars  mentioned  in  sections  211  and  212  do  not  give  the  accused  sufficient  notice  of  the 
matter with which he is charged, the charge shall also contain such particulars of the manner in which the 
alleged offence was committed as will be sufficient for that purpose. 

Illustrations 

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in 

which the theft was effected. 

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. 

 (c)  A  is  accused  of  giving  false  evidence  at  a  given  time  and  place.  The  charge  must  set  out  that  portion  of  the 

evidence given by A which is alleged to be false. 

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. 

The charge must set out the manner in which A obstructed B in the discharge of his functions. 

(e)  A  is  accused  of  the  murder  of  B  at  a  given  time  and  place.  The  charge  need  not  state  the  manner  in  which  A 

murdered B. 

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the 

disobedience charged and the law infringed. 

214. Words in charge taken in sense of law under which offence is punishable.—In every charge 
words  used  in  describing  an  offence  shall  be  deemed  to  have  been  used  in  the  sense  attached  to  them 
respectively by the law under which such offence is punishable. 

215. Effect of errors.— No error in stating either the offence or the particulars required to be stated 
in the charge, and no omission to state the offence or those particulars, shall be regarded at any  stage of 
the  case  as  material,  unless  the  accused  was  in  fact  misled  by  such  error  or  omission,  and  it  has 
occasioned a failure of justice. 

Illustrations 

(a)  A  is  charged  under  section  242  of  the  Indian  Penal  Code  (45  of  1860),  with  “having  been  in  possession  of 
counterfeit  coin,  having  known  at  the  time  when  he  became  possessed  thereof  that  such  coin  was  counterfeit,”  the  word 
“fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not 
be regarded as material. 

(b)  A  is  charged  with  cheating  B,  and  the  manner  in  which  he  cheated  B  is  not  set  out  in  the  charge  or  is  set  out 
incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this 
that the omission to set out the manner of the cheating is not material. 

(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many 
transactions  between  A  and  B,  and  A  had  no  means  of  knowing  to  which  of  them  the  charge  referred,  and  offered  no 
defence.  The  Court  may  infer  from  such  facts  that  the omission to  set out  the  manner  of  the  cheating  was,  in  the  case,  a 
material error. 

(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was 
Haidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and 

118 

 
had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer 
from these facts that A was not misled, and that the error in the charge was immaterial. 

(e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him 
for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of 
Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from 
this that A was misled, and that the error was material. 

216.  Court  may  alter  charge.—(1)  Any  Court  may  alter  or  add  to  any  charge  at  any  time  before 

judgment is pronounced. 

(2) Every such alteration or addition shall be read and explained to the accused. 

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not 
likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct 
of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with 
the trial as if the altered or added charge had been the original charge. 

(4)  If  the  alteration  or  addition  is  such  that  proceeding  immediately  with  the  trial  is  likely,  in  the 
opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a 
new trial or adjourn the trial for such period as may be necessary. 

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous 
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction 
has  been  already  obtained  for  a  prosecution  on  the  same  facts  as  those  on  which  the  altered  or  added 
charge is founded. 

217.  Recall  of  witnesses  when  charge  altered.—Whenever  a  charge  is  altered  or  added  to  by  the 

Court after the commencement of the trial, the prosecutor and the accused shall be allowed— 

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness 
who may have been examined, unless the Court, for reasons to be recorded in writing, considers that 
the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the 
purpose of vexation or delay or for defeating the ends of justice; 

(b) also to call any further witness whom the Court may think to be material. 

B.—Joinder of charges 

218. Separate charges for distinct offences.—(1) For every distinct offence of which any person is 

accused there shall be a separate charge, and every such charge shall be tried separately: 

Provided that where the accused person, by an application in writing, so desires and the Magistrate is 
of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or 
any number of the charges framed against such person. 

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 

and 223. 

Illustration 

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and 

separately tried for the theft and causing grievous hurt. 

219. Three offences of same kind within year may be charged together.—(1) When a person is 

119 

 
accused of more offences than one of the same kind committed within the space of twelve months from 
the first to the last of such offences, whether in respect of the same person or not, he may be charged with, 
and tried at one trial for, any number of them not exceeding three. 

(2)  Offences  are  of  the  same  kind  when  they  are  punishable  with  the  same  amount  of  punishment 

under the same section of the Indian Penal Code (45 of 1860) or of any special or local law: 

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian 
Penal  Code  (45  of  1860)  shall  be  deemed  to  be  an  offence  of  the  same  kind  as  an  offence  punishable 
under section 380 of the said Code, and that an offence punishable under any section of the said Code, or 
of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit 
such offence, when such an attempt is an offence. 

220. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form 
the same transaction, more offences than one are committed by the same person, he may be charged with, 
and tried at one trial for, every such offence. 

(2)  When  a  person  charged  with  one  or  more  offences  of  criminal  breach  of  trust  or  dishonest 
misappropriation of property as provided in sub-section (2) of section 212 or in sub-section (1) of section 
219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence 
or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at 
one trial for, every such offence. 

(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law 
in force for the time being by which offences are defined or punished, the person accused of them may be 
charged with, and tried at one trial for, each of such offences. 

(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, 
constitute when combined a different offence, the person accused of them may be charged with, and tried 
at one trial for the offence constituted by such acts when combined, and for any offence constituted by 
any one, or more, of such acts. 

(5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860). 

Illustrations to sub-section (1) 

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B 

was. A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860). 

(b) A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adultery 
with B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian Penal 
Code (45 of 1860). 

(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with 
her.  A  may  be  separately  charged  with,  and  convicted of,  offences  under  sections  498  and 497  of  the  Indian Penal  Code         
(45 of 1860). 

(d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of 
committing  several  forgeries  punishable  under  section  466  of  the  Indian  Penal  Code  (45  of  1860).  A  may  be  separately 
charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code. 

(e)  With  intent  to  cause  injury  to  B,  A  institutes  a  criminal  proceeding  against  him,  knowing  that  there is  no  just  or 
lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just 
or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the 
Indian Penal Code (45 of 1860). 

120 

 
(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just 
or  lawful  ground  for  such  charge.  On  the  trial,  A  gives  false  evidence  against  B,  intending  thereby  to  cause  B  to  be 
convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 211 and 194 of 
the Indian Penal Code (45 of 1860). 

(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in 
the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under 
sections 147, 325 and 152 of the Indian Penal Code (45 of 1860). 

 (h) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be 

separately  charged  with,  and  convicted  of,  each  of  the  three  offences  under  section  506  of  the  Indian  Penal  Code                          
(45 of 1860). 

The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the same time. 

Illustrations to sub-section (3) 

(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sections 

352 and 323 of the Indian Penal Code (45 of 1860). 

(j)  Several  stolen  sacks  of  corn  are  made  over  to  A  and  B,  who  knew  they  are  stolen  property,  for  the  purpose  of 
concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B 
may  be  separately  charged  with,  and  convicted  of,  offences  under  sections  411  and  414  of  the  Indian  Penal  Code                    
(45 of 1860). 

(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of 
such exposure. A may be separately charged with, and convicted of, offences under sections 317 and 304 of the Indian Penal 
Code (45 of 1860). 

(l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence 
under  section  167  of  the  Indian Penal  Code  (45  of  1860).  A  may  be  separately  charged  with,  and  convicted  of,  offences 
under sections 471 (read with section 466) and 196 of that Code. 

Illustration to sub-section (4) 

(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and 

convicted of, offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860). 

221. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is 
of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, 
the accused may be charged with having committed all or any of such offences, and any number of such 
charges may be tried at once; or he may be charged in the alternative with having committed some one of 
the said offences. 

(2)  If  in  such  a  case  the  accused  is  charged  with  one  offence,  and  it  appears  in  evidence  that  he 
committed a different offence for which he might have been charged under the provisions of sub-section 
(1),  he  may  be  convicted  of  the  offence  which  he  is  shown  to  have  committed,  although  he  was  not 
charged with it. 

Illustrations 

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He 
may  be  charged  with  theft,  receiving  stolen  property,  criminal  breach  of  trust  and  cheating,  or  he  may  be  charged  with  having 
committed theft, or receiving stolen property, or criminal breach of trust or cheating. 

(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or 
that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), 
though he was not charged with such offence. 

(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B 
never hit C. A may be charged in the alternative and convicted of  intentionally giving false evidence, although it cannot be proved 
which of these contradictory statements was false. 

121 

 
222.  When  offence  proved  included in  offence  charged.—(1) When  a  person  is  charged  with  an 
offence  consisting  of  several  particulars,  a  combination  of  some  only  of  which  constitutes  a  complete 
minor offence, and such combination is proved, but the remaining particulars are not proved, he may be 
convicted of the minor offence, though he was not charged with it. 

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, 

he may be convicted of the minor offence, although he is not charged with it. 

(3)  When  a  person  is charged  with  an  offence,  he  may  be  convicted  of  an  attempt  to  commit  such 

offence although the attempt is not separately charged. 

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the 
conditions  requisite  for  the  initiation  of  proceedings  in  respect  of  that  minor  offence  have  not  been 
satisfied.  

Illustrations 

(a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect of 
property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code 
in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust 
under the said section 406. 

(b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that 

he acted on grave and sudden provocation. He may be convicted under section 335 of that Code. 

223.  What  persons  may  be  charged  jointly.—The  following  persons  may  be  charged  and  tried 

together, namely:— 

(a) persons accused of the same offence committed in the course of the same transaction; 

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such 

offence; 

(c) persons accused of more than one offence of the same kind, within the meaning of section 219 

committed by them jointly within the period of twelve months; 

(d) persons accused of different offences committed in the course of the same transaction; 

(e)  persons  accused  of  an  offence  which  includes  theft,  extortion,  cheating,  or  criminal 
misappropriation,  and  persons  accused  of  receiving  or  retaining,  or  assisting  in  the  disposal  or 
concealment of, property possession of which is alleged to have been transferred by any such offence 
committed  by  the  first-named  persons,  or  of  abetment  of  or  attempting  to  commit  any  such  last-
named offence; 

(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) 
or either of those sections in respect of stolen property the possession of which has been transferred 
by one offence; 

(g)  persons  accused  of  any  offence  under  Chapter  XII  of  the  Indian  Penal  Code  (45  of  1860) 
relating to counterfeit coin and persons accused of any other offence under the said Chapter relating 

122 

 
to  the  same  coin,  or  of  abetment  of  or  attempting  to  commit  any  such  offence;  and  the  provisions 
contained in the former part of this Chapter shall, so far as may be, apply to all such charges: 

Provided that where a number of persons are charged with separate offences and such persons do not 
fall  within  any  of  the  categories  specified in  this  section, the  1[Magistrate  or  Court  of  Session]  may,  if 
such persons by an application in writing, so desire, and  2[if he or it is satisfied] that such persons would 
not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. 

224. Withdrawal of remaining charges on conviction on one of several charges.—When a charge 
containing more heads than one is framed against the same person, and when a conviction has been had 
on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent 
of  the  Court,  withdraw  the  remaining  charge  or  charges,  or  the  Court  of  its  own  accord  may  stay  the 
inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal 
on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the 
order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or 
charges so withdrawn. 

CHAPTER XVIII 

TRIAL BEFORE A COURT OF SESSION 

225.  Trial  to  be  conducted  by  Public  Prosecutor.—In  every  trial  before  a  Court  of  Session,  the 

prosecution shall be conducted by a Public Prosecutor. 

226. Opening case for prosecution.—When the accused appears or is brought before the Court in 
pursuance  of  a  commitment  of  the  case  under  section  209,  the  prosecutor  shall  open  his  case  by 
describing the charge brought against the accused and stating by what evidence he proposes to prove the 
guilt of the accused. 

227.  Discharge.—If,  upon  consideration  of  the  record  of  the  case  and  the  documents  submitted 
therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge 
considers  that  there  is  not  sufficient  ground  for  proceeding  against  the  accused,  he  shall  discharge  the 
accused and record his reasons for so doing. 

228. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of 

opinion that there is ground for presuming that the accused has committed an offence which— 

 (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused 
and,  by  order,  transfer  the  case  for  trial  to  the  Chief  Judicial  Magistrate,  3[or  any  other  Judicial 
Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, 
as  the  case  may  be,  the  Judicial  Magistrate  of  the  first  class,  on  such  date  as  he  deems  fit,  and 
thereupon  such  Magistrate]  shall  try  the  offence  in  accordance  with  the  procedure  for  the  trial  of 
warrant-cases instituted on a police report; 

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused. 

(2) Where the Judge frames any charge under clause  (b) of sub-section (1), the charge shall be read 
and  explained  to  the  accused  and  the  accused  shall  be  asked  whether  he  pleads  guilty  of  the  offence 
charged or claims to be tried.  

1. Subs. by Act 25 of 2005, s. 21, for “Magistrate” (w.e.f. 23-6-2006). 
2. Subs. by s. 21, ibid., for certain words (w.e.f. 23-6-2006). 
3. Subs. by s. 22, ibid., for certain words (w.e.f. 23-6-2006). 

123 

 
                                                 
Chhattisgarh 

STATE AMENDMENT 

In sub-section (2) of section 228 of the Principal Act, after the word “to the accused” the following shall be 

added, namely: — 

“present in person of through the medium of electronic video linkage and being represented by his pleader in the 

Court.” 

[Vide Chhattisgarh Act 13 of 2006, s. 4.] 

Karnataka 

Amendment of section 228.- In section 228 of the Code of Criminal Procedure, 1973 (Central Act 2 
of 1974), in sub-section (1), in clause (a), for the words “to the Chief Judicial Magistrate and thereupon 
the Chief Judicial Magistrate” the words “to the Chief Judicial Magistrate or to any Judicial Magistrate 
competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial magistrate to 
whom the case may have been transferred” shall be substituted. 

[Vide  Karnataka Act 22 of 1994, s. 2.] 

West Bengal 

In section 228 of the said Code, in clause (a) of sub-section (1) of section 228, for the words “to the 
Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate” the words “to the Chief Judicial 
Magistrate  or  to  any  Judicial  Magistrate  competent  to  try  the  case,  and  thereupon  the  Chief  Judicial 
Magistrate  or  such  other  Judicial  Magistrate  to  whom  the  case  may  have  been  transferred”  shall  be 
substituted. 

[Vide West Bengal Act 63 of 1978, s. 3.] 

229. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and may, in his 

discretion, convict him thereon. 

230. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to be tried or 
is  not  convicted  under  section  229,  the  Judge  shall  fix  a  date  for  the  examination  of  witnesses,  and  may,  on  the 
application of the prosecution, issue any process for compelling the attendance of any witness or the production of 
any document or other thing. 

231. Evidence for prosecution.—(1) On the date so fixed, the Judge shall proceed to take all such evidence as 

may be produced in support of the prosecution. 

(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other 

witness or witnesses have been examined or recall any witness for further cross-examination. 

232.  Acquittal.—If,  after  taking  the  evidence  for  the  prosecution,  examining  the  accused  and  hearing  the 
prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed 
the offence, the Judge shall record an order of acquittal. 

233.  Entering  upon  defence.—(1)  Where  the  accused  is  not  acquitted  under  section  232,  he  shall  be  called 

upon to enter on his defence and adduce any evidence he may have in support thereof. 

(2) If the accused puts in any written statement, the Judge shall file it with the record. 

(3)  If  the  accused  applies  for  the  issue  of  any  process  for  compelling  the  attendance  of  any  witness  or  the 
production  of  any  document  or  thing,  the  Judge  shall  issue  such  process  unless  he  considers,  for  reasons  to  be 
recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay 
or for defeating the ends of justice. 

234. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the prosecutor 

124 

 
shall sum up his case and the accused or his pleader shall be entitled to reply: 

Provided  that  where  any  point  of  law  is  raised  by  the  accused  or  his  pleader,  the  prosecution  may,  with  the 

permission of the Judge, make his submissions with regard to such point of law. 

235. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any), the Judge 

shall give a judgment in the case. 

(2)  If  the  accused  is  convicted,  the  Judge  shall,  unless  he  proceeds  in  accordance  with  the  provisions  of             

section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law. 

236.  Previous  conviction.—In  a  case  where  a  previous  conviction  is  charged  under  the  provisions  of              

sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in 
the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in 
respect of the alleged previous conviction, and shall record a finding thereon: 

Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor 
shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the 
accused has been convicted under section 229 or section 235. 

237.  Procedure  in  cases  instituted  under  section  199(2).—(1)  A  Court  of  Session  taking  cognizance  of  an 
offence  under  sub-section  (2)  of  section  199  shall  try  the  case  in  accordance  with  the  procedure  for  the  trial  of 
warrant-cases instituted otherwise than on a police report before a Court of Magistrate: 

Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of 

Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. 

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks 

fit so to do. 

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was 
no  reasonable  cause  for  making  the  accusation  against  them  or  any  of  them,  it  may,  by  its  order  of  discharge  or 
acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, 
Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should 
not pay compensation to such accused or to each or any of such accused, when there are more than one. 

(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is 
satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an 
order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such 
person to the accused or to each or any of them. 

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. 

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, 

be exempted from any civil or criminal liability in respect of the complaint made under this section: 

Provided that any amount paid to an accused person under this section shall be taken into account in awarding 

compensation to such person in any subsequent civil suit relating to the same matter. 

(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in 

so far as it relates to the payment of compensation, to the High Court. 

 (8) When an order for payment of compensation to an accused person is made, the compensation shall not be 
paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, 
before the appeal has been decided. 

125 

 
CHAPTER XIX 

TRIAL OF WARRANT-CASES BY MAGISTRATES 

A.—Cases instituted on a police report 

238.  Compliance  with  section  207.—When,  in  any  warrant-case  instituted  on  a  police  report,  the  accused 
appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that 
he has complied with the provisions of section 207. 

239. When accused shall be discharged.—If, upon considering the police report and the documents sent with 
it  under  section  173  and  making  such  examination,  if  any,  of  the  accused  as  the  Magistrate  thinks  necessary  and 
after  giving  the  prosecution  and  the  accused  an  opportunity  of  being  heard,  the  Magistrate  considers  the  charge 
against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. 

240. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is 
of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, 
which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall 
frame in writing a charge against the accused. 

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty 

of the offence charged or claims to be tried. 

STATE AMENDMENT 

Chhattisgarh 

In  sub-section  (2)  of section  240 of the  Principal  Act,  after the  word  “to  the  accused” the following 

shall be added:— 

 “present either  in  person  or  through  the  medium  of  electronic  video  linkage  in  the  presence  of  his 

pleader in the Court.” 
[Vide Chhattisgarh Act 13 of 2006, s. 5] 

241. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea and may, 

in his discretion, convict him thereon. 

242. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be tried or 
the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of 
witnesses: 

1[Provided  that  the  Magistrate  shall  supply  in  advance  to  the  accused,  the  statement  of  witnesses  recorded 

during investigation by the police.]  

 (2)  The  Magistrate  may,  on  the  application  of  the  prosecution,  issue  a  summons  to  any  of  its  witnesses 

directing him to attend or to produce any document or other thing. 

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of 

the prosecution: 

Provided  that  the  Magistrate  may  permit  the  cross-examination  of  any  witness  to  be  deferred  until  any  other 

witness or witnesses have been examined or recall any witness for further cross-examination. 

243. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and produce 

his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. 

(2)  If  the  accused,  after  he  has  entered  upon  his  defence,  applies  to  the  Magistrate  to  issue  any  process  for 
compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of 
any document or other thing, the Magistrate shall issue such process unless he considers that such application should 
be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and 
such ground shall be recorded by him in writing: 

Provided  that,  when  the  accused  has  cross-examined  or  had  the  opportunity  of  cross-examining  any  witness 
before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the 
Magistrate is satisfied that it is necessary for the ends of justice. 

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the 

1. Ins. by Act 5 of 2009, s.19 (w.e.f. 31-12-2009).  

126 

 
                                                 
reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. 

B.—Cases instituted otherwise than on police report                      

244. Evidence for prosecution.—(1) When, in any  warrant-case instituted otherwise than on a  police report, 
the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take 
all such evidence as may be produced in support of the prosecution. 

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing 

him to attend or to produce any document or other thing. 

245. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in section 244, the 
Magistrate  considers,  for  reasons  to  be  recorded,  that  no  case  against  the  accused  has  been  made  out  which,  if 
unrebutted, would warrant his conviction, the Magistrate shall discharge him. 

(2)  Nothing  in  this  section  shall  be  deemed  to  prevent  a  Magistrate  from  discharging  the  accused  at  any 
previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. 

West Bengal  

STATE AMENDMENT 

In section 245 of the principal Act, after sub-section (2), the following sub-section shall be inserted: — 

“(3)  If  all  the  evidence  referred  to  in  section  244  are  not  produced  in  support  of  the prosecution 
within four years from the date of appearance of the accused, the Magistrate shall discharge the accused 
unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special 
reasons  there  is  ground  for  presuming  that  it shall  not  be  in  the  interest  of  justice  to  discharge  the 
accused.”. 

[Vide West Bengal Act 24 of 1988, s. 5.] 

246.  Procedure  where  accused  is  not  discharged.—(1)  If,  when  such  evidence  has  been  taken,  or  at  any 
previous  stage  of  the  case,  the  Magistrate  is  of  opinion  that  there  is  ground  for  presuming  that  the  accused  has 
committed  an  offence  triable  under  this  Chapter,  which  such  Magistrate  is  competent  to  try  and  which,  in  his 
opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. 

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty 

or has any defence to make. 

(3)  If  the  accused  pleads  guilty,  the  Magistrate  shall  record  the  plea,  and  may,  in  his  discretion,  convict  him 

thereon. 

(4)  If  the  accused  refuses  to  plead,  or  does  not  plead  or  claims  to  be  tried  or  if  the  accused  is  not  convicted 
under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the 
Magistrate  for reasons to be recorded in  writing so thinks fit, forthwith,  whether he  wishes to cross-examine any, 
and, if so, which, of the witnesses for the prosecution whose evidence has been taken. 

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and   

re-examination (if any), they shall be discharged. 

(6)  The  evidence  of  any  remaining  witnesses  for  the  prosecution  shall  next  be  taken,  and  after                                     

cross-examination and re-examination (if any), they shall also be discharged. 

247. Evidence for defence.—The accused shall then be called upon to enter upon his defence and produce his 

evidence; and the provisions of section 243 shall apply to the case. 

127 

 
C.—Conclusion of trial 

248. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been framed, the 

Magistrate finds the accused not guilty, he shall record an order of acquittal. 

(2)  Where,  in  any  case  under  this  Chapter,  the  Magistrate  finds  the  accused  guilty,  but  does  not  proceed  in 
accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of 
sentence, pass sentence upon him according to law. 

(3)  Where,  in  any  case  under  this  Chapter,  a  previous  conviction  is  charged  under  the  provisions  of                 

sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the 
charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous 
conviction, and shall record a finding thereon: 

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto 
nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until 
the accused has been convicted under sub-section (2). 

249. Absence of complainant.—When the proceedings have been instituted upon complaint, and on any day 
fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a 
cognizable offence, the Magistrate  may, in his discretion, notwithstanding anything hereinbefore contained, at any 
time before the charge has been framed, discharge the accused. 

250. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon complaint 
or  upon  information  given  to  a  police  officer  or  to  a  Magistrate,  one  or  more  persons  is  or  are  accused  before  a 
Magistrate  of  any  offence  triable  by  a  Magistrate,  and  the  Magistrate  by  whom  the  case  is  heard  discharges  or 
acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation 
against them or any of them, the Magistrate  may, by his order of discharge or acquittal, if the person upon whose 
complaint or information the accusation was made is present, call upon him forthwith to show cause why he should 
not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such 
person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. 

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if 
he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make 
an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may 
determine, be paid by such complainant or informant to the accused or to each or any of them. 

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order 
that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a 
period not exceeding thirty days. 

(4)  When  any  person  is  imprisoned  under  sub-section  (3),  the  provisions  of  sections  68  and  69  of  the  Indian 

Penal Code (45 of 1860) shall, so far as may be, apply. 

(5) No person who has been directed to pay compensation under this section shall, by reason  of such order, be 

exempted from any civil or criminal liability in respect of the complaint made or information given by him: 

Provided that any amount paid to an accused person under this section shall be taken into account in awarding 

compensation to such person in any subsequent civil suit relating to the same matter. 

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class 
to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant 
had been convicted on a trial held by such Magistrate. 

(7)  When  an  order  for  payment  of  compensation  to  an  accused  person  is  made  in  a  case  which  is  subject  to 
appeal  under  sub-section  (6),  the  compensation  shall  not  be  paid  to  him  before  the  period  allowed  for  the 
presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where 

128 

 
such  order  is  made  in  a  case  which  is  not  so  subject  to  appeal  the  compensation  shall  not  be  paid  before  the 
expiration of one month from the date of the order. 

(8) The provisions of this section apply to summons-cases as well as to warrant-cases. 

CHAPTER XX 
TRIAL OF SUMMONS-CASES BY MAGISTRATES 

251.  Substance  of  accusation  to  be  stated.—When  in  a  summons-case  the  accused  appears  or  is  brought 
before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be 
asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. 

Chhattisgarh 

STATE AMENDMENT 

In Section 251 of the Principal Act, after the word “bought before the Magistrate” the following shall be 

added :— 

“Or appears through the medium of electronic video linkage in the presence of his pleader in the Court”. 

[Vide Chhattisgarh Act 13 of 2006, s. 6] 

252. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea as nearly 

as possible in the words used by the accused and may, in his discretion, convict him thereon. 

253.  Conviction  on  plea  of  guilty  in  absence  of  accused  in  petty  cases.—(1)  Where  a  summons  has  been 
issued  under  section  206  and  the  accused  desires  to  plead  guilty  to  the  charge  without  appearing  before  the 
Magistrate,  he  shall  transmit  to  the  Magistrate,  by  post  or  by  messenger,  a  letter  containing  his  plea  and  also  the 
amount of fine specified in the summons. 

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence 
him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards 
that  fine,  or  where  a  pleader  authorised  by  the  accused  in  this  behalf  pleads  guilty  on  behalf  of  the  accused,  the 
Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, 
convict the accused on such plea and sentence him as aforesaid. 

254. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section 252 or 
section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in 
support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. 

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons 

to any witness directing him to attend or to produce any document or other thing. 

(3)  The  Magistrate  may,  before  summoning  any  witness  on  such  application,  require  that  the  reasonable 

expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. 

255. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in section 254 and 
such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he 
shall record an order of acquittal. 

(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he 

shall, if he finds the accused guilty, pass sentence upon him according to law. 

(3) A Magistrate  may, under section 252 or section 255, convict the accused of any offence triable under this 
Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the 

129 

 
complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. 

256. Non-appearance  or death of complainant.—(1) If the summons has been issued on complaint,  and on 
the  day  appointed  for  the  appearance  of  the  accused,  or  any  day  subsequent  thereto  to which  the  hearing  may  be 
adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, 
acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: 

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or 
where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate 
may, dispense with his attendance and proceed with the case. 

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of 

the complainant is due to his death. 

257. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any case under 
this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint 
against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him 
to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. 

258.  Power  to  stop  proceedings  in  certain  cases.—In  any  summons-case  instituted  otherwise  than  upon 
complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other 
Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing 
any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been 
recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have 
the effect of discharge. 

259.  Power of  Court  to  convert  summons-cases  into  warrant-cases.—When  in  the  course  of  the  trial  of  a 
summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to 
the Magistrate that in the interests of justice, the offence should be  tried in accordance with the procedure for the 
trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the 
trial of warrant-cases and may re-call any witness who may have been examined. 

CHAPTER XXI 
SUMMARY TRIALS 

260. Power to try summarily.—(1) Notwithstanding anything contained in this Code— 

(a) any Chief Judicial Magistrate; 

(b) any Metropolitan Magistrate; 

(c) any Magistrate of the first class specially empowered in this behalf by the High Court, 

may, if he thinks fit, try in a summary way all or any of the following offences:— 

(i)  offences  not  punishable  with  death,  imprisonment  for  life  or  imprisonment  for  a  term  exceeding  two 

years; 

(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the 

value of the property stolen does not exceed 1[two thousand rupees]; 

(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where 

the value of the property does not exceed 1[two thousand rupees]; 

(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code 

(45 of 1860), where the value of such property does not exceed 1[two thousand rupees]; 

(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860); 

1. Subs. by Act 25 of 2005, s. 23, for “two hundred rupees” (w.e.f. 23-6-2006). 

130 

 
                                                 
 (vi)  insult  with  intent  to  provoke  a  breach  of  the  peace,  under  section  504,  and  1[criminal  intimidation 
punishable  with  imprisionment  for  a  term  which  may  extend  to  two  years,  or  with  fine,  or  with  both],  under 
section 506 of the Indian Penal Code (45 of 1860); 

(vii) abetment of any of the foregoing offences; 

(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence; 

(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the 

Cattle-trespass Act, 1871 (1 of 1871). 

(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it 
is  undesirable  to  try  it  summarily,  the  Magistrate  shall  recall  any  witnesses  who  may  have  been  examined  and 
proceed to re-hear the case in the manner provided by this Code. 

261.  Summary  trial  by  Magistrate  of  the  second  class.—The  High  Court  may  confer  on  any  Magistrate 
invested  with  the  powers  of  a  Magistrate  of  the  second  class  power  to  try  summarily  any  offence  which  is 
punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any 
abetment of or attempt to commit any such offence. 

262. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this Code for 

the trial of summons-case shall be followed except as hereinafter mentioned. 

(2)  No  sentence  of  imprisonment  for  a  term  exceeding  three  months  shall  be  passed  in  the  case  of  any 

conviction under this Chapter. 

263. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such form as the 

State Government may direct, the following particulars, namely:— 

(a) the serial number of the case; 

(b) the date of the commission of the offence; 

(c) the date of the report or complaint; 

(d) the name of the complainant (if any); 

(e) the name, parentage and residence of the accused; 

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause 
(iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has 
been committed; 

(g) the plea of the accused and his examination (if any); 

(h) the finding; 

(i) the sentence or other final order; 

(j) the date on which proceedings terminated. 

264. Judgment in cases tried summarily.—In every case tried summarily in which the accused does not plead 
guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the 
reasons for the finding. 

265.  Language  of  record  and  judgment.—(1)  Every  such  record  and  judgment  shall  be  written  in  the 

language of the Court. 

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid 

1. Subs. by Act 25 of 2005, s. 23, for “criminal intimidation” (w.e.f. 23-6-2006). 

131 

 
                                                 
record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the 
record or judgment so prepared shall be signed by such Magistrate. 

1[CHAPTER XXIA 

PLEA BARGAINING 

265A. Application of the Chapter.—(1) This Chapter shall apply in respect of an accused against whom— 

(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging 
therein that an offence appears to have been committed by him other than an offence for which the punishment 
of  death  or  of  imprisonment  for  life  or  of  imprisonment  for  a  term  exceeding  seven  years  has  been  provided 
under the law for the time being in force; or 

(b)  a  Magistrate  has  taken  cognizance  of  an  offence  on  complaint,  other  than  an  offence  for  which  the 
punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been 
provided  under  the  law  for  the  time  being  in  force,  and  after  examining  complainant  and  witnesses  under 
section 200, issued the process under section 204, 

but does not apply where such offence affects the socio-economic condition of the country or has been committed 
against a woman, or a child below the age of fourteen years. 

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences 
under the law for the time being in force which shall be the offences affecting the socio-economic condition of the 
country. 

265B. Application for plea bargaining.—(1) A person accused of an offence may file an application for plea 

bargaining in the Court in which such offence is pending for trial. 

(2)  The  application  under  sub-section  (1)  shall  contain  a  brief  description  of  the  case  relating  to  which  the 
application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by 
the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment 
provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted 
by a Court in a case in which he had been charged with the same offence. 

(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or 

the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case. 

(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on 
the date  fixed under sub-section (3), the Court shall examine the accused  in camera,  where  the other party in the 
case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where— 

(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time 
to  the  Public  Prosecutor  or  the  complainant  of  the  case,  as  the  case  may  be,  and  the  accused  to  work  out  a 
mutually  satisfactory  disposition  of  the  case  which  may  include  giving  to  the  victim  by  the  accused  the 
compensation and other expenses during the case and thereafter fix the date for further hearing of the case; 

(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been 
convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in 
accordance  with  the  provisions  of  this  Code  from  the  stage  such  application  has  been  filed  under                   
sub-section (1). 

265C. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory disposition 

under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:— 

1. Ins. by Act 2 of 2006, s. 4 (w.e.f. 5-7-2006).  

132 

 
                                                 
(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police 
officer  who  has  investigated  the  case,  the  accused  and  the  victim  of  the  case  to  participate  in  the  meeting  to 
work out a satisfactory disposition of the case: 

Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the 
duty  of  the  Court  to  ensure  that  the  entire  process  is  completed  voluntarily  by  the  parties  participating  in  the 
meeting: 

Provided  further  that  the  accused,  if  he  so  desires,  participate  in  such  meeting  with  his  pleader,  if  any, 

engaged in the case; 

(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the 

victim of the case to participate in a meeting to work out a satisfactory disposition of the case: 

Provided  that  it  shall  be  the  duty  of  the  Court  to  ensure,  throughout  such  process  of  working  out  a 

satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: 

Provided  further  that  if  the  victim  of  the  case  or  the  accused,  as  the  case  may  be,  so  desires,  he  may 

participate in such meeting with his pleader engaged in the case. 

265D.  Report  of  the  mutually  satisfactory  disposition  to  be  submitted  before  the  Court.—Where  in  a 

meeting  under  section  265C,  a  satisfactory  disposition  of  the  case  has  been  worked  out,  the  Court  shall  prepare                  
a  report  of  such  disposition  which  shall  be  signed  by  the  presiding  officer  of  the  Court  and  all  other  persons                    
who  participated  in  the  meeting  and  if  no  such  disposition  has  been  worked  out,  the  Court  shall  record  such 
observation and proceed further in accordance with the provisions of this Code from the stage the application under 
sub-section (1) of section 265B has been filed in such case. 

265E.  Disposal  of  the  case.—Where  a  satisfactory  disposition  of  the  case  has  been  worked  out  under                   

section 265D, the Court shall dispose of the case in the following manner, namely:— 

(a)  the  Court  shall  award  the  compensation  to  the  victim  in  accordance  with  the  disposition  under                  

section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of 
good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the 
Probation  of  Offenders  Act,  1958  (20  of  1958)  or  any  other  law  for  the  time  being  in  force  and  follow  the 
procedure specified in the succeeding clauses for imposing the punishment on the accused; 

(b) after hearing the parties under clause (a), if the Court is of the view that section 360 or the provisions of 
the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in 
the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the 
case may be; 

(c)  after  hearing  the  parties  under  clause  (b),  if  the  Court  finds  that  minimum  punishment  has  been 
provided under the law for the offence committed by the accused, it may sentence the accused to half of such 
minimum punishment; 

(d)  in  case  after  hearing  the  parties  under  clause  (b),  the  Court  finds  that  the  offence  committed  by  the 
accused  is  not  covered  under  clause  (b)  or  clause  (c),  then,  it  may  sentence  the  accused  to  one-fourth  of  the 
punishment provided or extendable, as the case may be, for such offence. 

265F.  Judgment  of  the  Court.—The  Court  shall  deliver  its  judgment  in  terms  of  section  265E  in  the  open 

Court and the same shall be signed by the presiding officer of the Court. 

265G. Finality of the judgment.—The judgment delivered by the Court under section 265G shall be final and 
no  appeal  (except  the  special  leave  petition  under  article  136  and  writ  petition  under  articles  226  and  227  of  the 
Constitution) shall lie in any Court against such judgment. 

265H.  Power  of  the  Court  in  plea  bargaining.—A  Court  shall  have,  for  the  purposes  of  discharging  its 

133 

 
functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to 
the disposal of a case in such Court under this Code. 

265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment.—
The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against 
the  sentence  of  imprisonment  imposed  under  this  Chapter,  in  the  same  manner  as  they  apply  in  respect  of  the 
imprisonment under other provisions of this Code. 

265J.  Savings.—The  provisions  of  this  Chapter  shall  have  effect  notwithstanding  anything  inconsistent 
therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to 
constrain the meaning of any provision of this Chapter. 

Explanation.—For the purposes of this Chapter, the expression “Public Prosecutor” has the meaning assigned to 

it under clause (u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25. 

265K.  Statements  of  accused  not  to  be  used.—Notwithstanding  anything  contained  in  any  law  for  the  time 

being  in  force,  the  statements  or  facts  stated  by  an  accused  in  an  application  for  plea  bargaining  filed  under                
section 265B shall not be used for any other purpose except for the purpose of this Chapter. 

265L.  Non-application  of  the  Chapter.—Nothing  in  this  Chapter  shall  apply  to  any  juvenile  or  child  as 

defined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).] 

CHAPTER XXII 

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 

266. Definitions.—In this Chapter,— 

(a) “detained” includes detained under any law providing for preventive detention; 

(b) “prison” includes,— 

(i) any place  which  has been  declared by the State Government,  by  general or special order, to be a 

subsidiary jail; 

(ii) any reformatory, Borstal institution or institution of a like nature. 

267.  Power  to  require  attendance  of  prisoners.—(1)  Whenever,  in  the  course  of  an  inquiry,  trial  or 

proceeding under this Code, it appears to a Criminal Court,— 

(a)  that  a  person  confined  or detained  in  a  prison  should  be  brought  before  the  Court  for  answering  to  a 

charge of an offence, or for the purpose of any proceedings against him, or 

(b) that it is necessary for the ends of justice to examine such person as a witness, 

the Court may make an order requiring the officer in charge of the prison to produce such person before the Court 
answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence. 

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded 
to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to 
whom such Magistrate is subordinate. 

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the 
facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom 
it is submitted may, after considering such statement, decline to countersign the order. 

134 

 
Jharkhand  

STATE AMENDMENT 

Amendment of Section 267.-In section 267 of Code of Criminal Procedure, 1973 in its application to 
the State of Jharkhand, in Sub-Section (1) Clause (b):- (i) After the words “the court may make an order 
requiring the officer-in-charge of the prison to produce such person before the Court” the words “either in 
prison or through the medium of electronic video linkage” shall be inserted. 

[Vide Jharkhand Act 2 of 2016, s. 2] 

268. Power of State Government to exclude certain persons from operation of section 267.—(1) The State 
Government may, at any time, having regard to the matters specified in sub-section (2), by general or special order, 
direct that any person or class of persons shall not be removed from the prison in which he or they may be confined 
or detained, and thereupon, so long as the order remains in force, no order made under section 267, whether before 
or after the order of the State Government, shall have effect in respect of such person or class of persons. 

(2)  Before  making  an  order  under  sub-section  (1),  the  State  Government  shall  have  regard  to  the  following 

matters, namely:— 

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been 

ordered to be confined or detained in prison; 

(b)  the  likelihood  of  the  disturbance  of  public  order  if  the  person  or  class  of  persons  is  allowed  to  be 

removed from the prison; 

(c) the public interest, generally. 

269. Officer in charge of prison to abstain from carrying out order in certain contingencies.—Where the 

person in respect of whom an order is made under section 267— 

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or 

(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or 

(c) is in custody for a period which would expire before the expiration of the time required for complying 

with the order and for taking him back to the prison in which he is confined or detained; or 

(d) is a person to whom an order made by the State Government under section 268 applies, 

the  officer  in  charge  of  the  prison  shall  abstain  from  carrying  out  the  Court's  order  and  shall  send  to  the  Court  a 
statement of reasons for so abstaining: 

Provided  that  where  the  attendance  of  such  person  is  required  for  giving  evidence  at  a  place  not  more  than 
twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason 
mentioned in clause (b). 

270.  Prisoner  to  be  brought  to  Court  in  custody.—Subject  to  the  provisions  of  section  269,  the  officer  in 
charge  of  the  prison  shall,  upon  delivery  of  an  order  made  under  sub-section  (1)  of  section  267  and  duly 
countersigned, where necessary, under sub-section (2) thereof, cause the person named in  the order to be taken to 
the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall 
cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to 
be taken back to the prison in which he was confined or detained. 

271. Power to issue commission for examination of witness in prison.—The provisions of this Chapter shall 
be without prejudice to the power of the Court to issue, under section  284, a commission for the examination, as a 
witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in 

135 

 
relation  to  the  examination  on  commission  of  any  such  person  in  the  prison  as  they  apply  in  relation  to  the 
examination on commission of any other person. 

CHAPTER XXIII 

EVIDENCE IN INQUIRIES AND TRIALS 

A.—Mode of taking and recording evidence 

272. Language of Courts.—The State Government may determine what shall be, for purposes of this Code, the 

language of each Court within the State other than the High Court. 

273.  Evidence  to  be  taken  in  presence  of  accused.—Except  as  otherwise  expressly  provided,  all  evidence 
taken  in  the  course  of  the  trial  or  other  proceeding  shall  be  taken  in  the  presence  of  the  accused,  or,  when  his 
personal attendance is dispensed with, in the presence of his pleader: 

1[Provided that  where the evidence of a  woman below  the age of eighteen  years  who is alleged to have been 
subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure 
that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of 
the accused.] 

Explanation.—In  this  section,  “accused”  includes  a  person  in  relation  to  whom  any  proceeding  under                 

Chapter VIII has been commenced under this Code. 

Gujarat 

STATE AMENDMENT 

In the Code of Criminal Procedure, 1973 (hereinafter referred to as “the principal Act”), in section 273, after the 
words “in the presence of his pleader”, the words “or, as the case may be, through the medium of Electronic Video 
Linkage when the court on its own motion or on an application so directs in the interests of justice” shall be added. 

[Vide Gujarat Act 31 of 2017, s. 2] 

Jharkhand 

Amendment of Section 273.-In section 273 of Code of Criminal Procedure, 1973, in its application to the 
State of Jharkhand:- 

(i) After the words “All evidence taken in the course of the trial or other proceeding shall be taken 
in the presence of the accused,” the word “either in person or through the medium of electronic video 
linkage” shall be inserted. 

[Vide Jharkhand Act 2 of 2016, s. 3] 

274.  Record  in  summons-cases  and  inquiries.—(1)  In  all  summons-cases  tried  before  a  Magistrate,  in  all 
inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the 
course  of  a  trial,  the  Magistrate  shall,  as  the  examination  of  each  witness  proceeds,  make  a  memorandum  of  the 
substance of the evidence in the language of the Court: 

Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason 

of his inability, cause such memorandum to be made in writing or from his dictation in open Court. 

(2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 

275. Record in warrant-cases.—(1) In all warrant-cases tried before a Magistrate, the evidence of each witness 
shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in 
open  Court  or,  where  he  is  unable  to  do  so  owing  to  a  physical  or  other  incapacity,  under  his  direction  and 
superintendence, by an officer of the Court appointed by him in this behalf: 

2[Provided  that  evidence  of  a  witness  under  this  sub-section  may  also  be  recorded  by  audio-video  electronic 

1. Proviso ins. by Act 13 of 2013, s. 20 (w.e.f. 3-2-2013).  
2. Ins. by Act 5 of 2009, s. 20 (w.e.f. 31-12-2009) 

136 

 
                                                 
means in the presence of the advocate of the person accused of the offence.]  

(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence 

could not be taken down by himself for the reasons referred to in sub-section (1). 

(3)  Such  evidence  shall  ordinarily  be  taken  down  in  the  form  of  a  narrative;  but  the  Magistrate  may,  in  his 

discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. 

(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 

276. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence of each 
witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his 
dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in 
this behalf. 

1[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in 
his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.] 

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. 

277.  Language  of  record  of  evidence.—In  every  case  where  evidence  is  taken  down  under  section  275  or 

276,— 

(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; 

(b)  if  he gives evidence in any other language, it may,  if  practicable, be taken down in that language, and 
if    it  is  not  practicable  to  do  so,  a  true  translation  of    the  evidence  in  the  language  of  the  Court    shall  be  
prepared as  the examination of  the witness  proceeds, signed   by the Magistrate or  presiding Judge, and  shall  
form part of   the record; 

(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true 
translation  thereof  in  the  language  of  the  Court    shall  be  prepared  as  soon  as  practicable,  signed  by  the 
Magistrate or presiding Judge, and shall form part of the record: 

Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language 

of the Court is not required by any of the parties, the Court may dispense with such translation. 

278.  Procedure  in  regard  to  such  evidence  when  completed.—(1)  As  the  evidence  of  each  witness  taken 
under  section  275  or  section  276  is  completed,  it  shall  be  read  over  to  him  in  the  presence  of  the  accused,  if  in 
attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected. 

(2)  If  the  witness  denies  the  correctness  of  any  part  of  the  evidence  when  the  same  is  read  over  to  him,  the 
Magistrate  or  presiding  Judge  may,  instead  of  correcting  the  evidence,  make  a  memorandum  thereon  of  the 
objection made to it by the witness and shall add such remarks as he thinks necessary. 

(3) If the record of the evidence is in a language different from that in which it has been given and the witness 
does not understand that language, the record shall be interpreted to him in the language in which it was given, or in 
a language which he understands. 

Gujarat 

STATE AMENDMENT 

In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely: — 

“(4)  Nothing  contained  in  sub-sections  (1)  to  (3)  shall  apply  when  the  evidence  under  section  273  is  taken 

through the medium of Electronic Video Linkage. 

(5)  The  evidence  taken  through  the  medium  of  Electronic  Video  Linkage  in  electronic  from  shall  be  the 

1. Subs. by Act 45 of 1978, s. 20, for sub-section (2) (w.e.f. 18-12-1978).  

137 

 
                                                 
electronic  record  within  the  meaning  of  clause  (t)  of  section  2  if  the  Information  Technology  Act,  2000  (21  of 
2000)” 

[Vide Gujarat Act 31 of 2017, sec. 3.] 

279. Interpretation of evidence to accused or his pleader.—(1) Whenever any evidence is given in a language 
not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a 
language understood by him. 

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and 

not understood by the pleader, it shall be interpreted to such pleader in that language. 

 (3)  When  documents  are  put  for  the  purpose  of  formal  proof,  it  shall  be  in  the  discretion  of  the  Court  to 

interpret as much thereof as appears necessary. 

280.  Remarks  respecting  demeanour  of  witness.—When  a  presiding  Judge  or  Magistrate  has  recorded  the 
evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of 
such witness whilst under examination. 

281.  Record  of  examination  of  accused.—(1)  Whenever  the  accused  is  examined  by  a  Metropolitan 
Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the 
language  of  the  Court  and  such  memorandum  shall  be  signed  by  the  Magistrate  and  shall  form  part  of  the 
record. 

(2)  Whenever  the accused is examined by  any  Magistrate  other  than a Metropolitan Magistrate, or  by  a 
Court  of  Session,  the whole  of  such  examination,  including    every  question    put    to    him  and every  answer  
given by  him, shall be recorded  in full by the   presiding Judge or Magistrate   himself or  where  he is unable 
to do so owing to a physical or other  incapacity, under   his  direction and superintendence by an officer of the 
Court appointed by him in this behalf. 

(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not 

practicable, in the language of the Court. 

(4) The record shall be shown or read to the accused, or, if he does not understand the language in which it 
is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain 
or add to his answers. 

 (5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify 

under his own hand that the examination was taken in his presence and hearing and that the record contains a 
full and true account of the statement made by the accused. 

(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course 

of a summary trial. 

Gujarat 

STATE AMENDMENT 

In  the  principal  Act,  in  section  281,  in  sub-section  (6),  after  the  words  “the  examination  of  an  accused 

person”, the words “either through the medium of Electronic Video Linkage or” shall be inserted. 

[Vide Gujarat Act 31 of 2017, s. 4] 

282. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are required 
by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true 
interpretation of such evidence or statement. 

283. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which the 
evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and 
138 

 
such evidence and examination shall be taken down in accordance with such rule. 

B.—Commissions for the examination of witnesses 

284. When attendance of witness may be dispensed with and commission issued.—(1) Whenever, in 
the course of any  inquiry, trial or other  proceeding under this Code, it appears to a Court or Magistrate that 
the examination of a witness  is  necessary  for the ends of  justice, and  that the attendance of  such  witness  
cannot  be  procured  without an amount of delay, expense or inconvenience which, under the circumstances of 
the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a 
commission for the examination of the witness in accordance with the provisions of this Chapter: 

Provided that where the examination of the President or the Vice-President of India or the Governor of a 
State or the Administrator of a Union territory as a witness is necessary for the ends of Justice, a commission 
shall be issued for the examination of such a witness. 

(2)  The  Court  may,  when  issuing  a  commission  for    the  examination  of  a  witness  for  the  prosecution, 
direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the 
pleader's fees, be paid by the prosecution. 

285. Commission to whom to be issued.—(1) If the witness is within the territories to which this Code 
extends,  the  commission  shall  be  directed  to  the  Chief  Metropolitan  Magistrate  or  the  Chief  Judicial 
Magistrate, as the case may be, within whose local jurisdiction the witness is to be found. 

(2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall 

be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. 

(3)  If  the  witness  is  in  a  country  or  place  outside  India  and  arrangements  have  been  made  by  the  Central 
Government  with  the  Government  of  such  country  or  place  for  taking  the  evidence  of  witnesses  in  relation  to 
criminal  matters, the commission shall be issued in such form, directed to such  Court or officer, and sent to such 
authority for transmission as the Central Government may, by notification, prescribed in this behalf. 

286.  Execution  of  commissions.—Upon  receipt  of  the  commission,  the  Chief  Metropolitan  Magistrate,  or 
Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon 
the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same 
manner, and may for this purpose exercise the same powers, as in trials or warrant-cases under this Code. 

287.  Parties  may  examine  witnesses.—(1)  The  parties  to  any  proceeding  under  this  Code  in  which  a 
commission  is  issued  may  respectively  forward  any  interrogatories  in  writing  which  the  Court  or  Magistrate 
directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to 
whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon 
such interrogatories. 

(2)  Any  such  party  may  appear  before  such  magistrate,  Court  or  Officer  by  pleader,  or  if  not  in  custody,  in 

person, and may examine, cross-examine and re-examine (as the case may be) the said witness. 

288. Return of commission.—(1) After any commission issued under section 284 has been duly executed, it 
shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing 
the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to 
inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and 
shall form part of the record. 

(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 

1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court. 

289.  Adjournment  of  proceeding.—In  every  case  in  which  a  commission  is  issued  under  section  284,  the 

139 

 
inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and 
return of the commission. 

290. Execution of foreign commissions.—(1) The provisions of section 286 and so much of section 287 and 
section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by 
any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 
284. 

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are— 

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code 

does not extend, as the Central Government may, by notification, specify in this behalf; 

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the 
Central Government may, by notification, specify in this behalf, and having authority, under the law in force in 
that country or place, to issue commissions for the examination of witnesses in relation to criminal matters. 

291. Deposition of medical witness.—(1) The deposition of civil surgeon or other medical witness, taken and 
attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in 
evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness. 

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and 

examine any such deponent as to the subject-matter of his deposition. 

Gujarat 

STATE AMENDMENT 

In the principal Act, in section 291, in sub-section (1), after the words “in the presence of accused”, the words 

“or, as the case may be through the medium of Electronic Video Linkage” shall be inserted. 

  [Vide Gujarat Act 31 of 2017, s. 5] 

1[291A.  Identification  report  of  Magistrate.—(1)  Any  document  purporting  to  be  a  report  of  identification 
under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, 
trial or other proceeding under this Code, although such Magistrate is not called as a witness: 

Provided  that  where  such  report  contains  a  statement  of  any  suspect  or  witness  to  which  the  provisions  of 
section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 
(1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions 
of those sections. 

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon 

and examine such Magistrate as to the subject-matter of the said report.] 

292.  Evidence  of  officers  of the  Mint.—(1)  Any  document  purporting  to  be  a  report  under  the  hand  of  any 
such  2[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of 
the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory 
or  any  Government  Examiner  of  Questioned  Documents  or  any  State  Examiner  of  Questioned  Documents,  as  the 
case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly 
submitted  to  him  for  examination  and  report  in  the  course  of  any  proceeding  under  this  Code,  may  be  used  as 
evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. 

(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: 

1. Ins. by Act 25 of 2005, s. 24 (w.e.f. 23-6-2006). 
2. Subs. by Act 2 of 2006, s. 5, for certain words (w.e.f. 16-4-2006). 
140 

 
                                                 
Provided that no such officer shall be summoned to produce any records on which the report is based. 

(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no 
such officer shall,  2[except with the permission of the General Manager or any officer in charge of any Mint or of any 
Note Printing Press or of  any  Security Printing Press or of any Forensic  Department or any officer  in charge of the 
Forensic Science Laboratory or of the Government Examiner of Questioned Documents  Organisation or of the State 
Examiner of Questioned Documents Organisation, as the case may be,] be permitted— 

(a) to give any evidence derived from any unpublished official records on which the report is based; or 

(b) to disclose the nature or particulars of any test applied by him in the course of the examination of the 

matter or thing. 

293. Reports of certain Government scientific experts.—(1) Any document purporting to be a report under 
the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to 
him  for  examination  or  analysis  and  report  in  the  course  of  any  proceeding  under  this  Code,  may  be  used  as 
evidence in any inquiry, trial or other proceeding under this Code. 

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. 

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the 
Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the 
Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. 

(4) This section applies to the following Government scientific experts, namely:— 

(a) any Chemical Examiner or Assistant Chemical Examiner to Government; 

1[(b) the Chief Controller of Explosives;] 

(c) the Director of the Finger Print Bureau; 

(d) the Director,  Haffkeine Institute, Bombay; 

(e)  the  Director  2[,  Deputy  Director  or  Assistant  Director] of  a  Central  Forensic  Science  Laboratory  or  a 

State Forensic Science Laboratory; 

(f) the Serologist to the Government; 

3[(g) any other Government scientific expert specified, by notification, by the Central Government for this 

purpose.] 

294.  No  formal  proof  of  certain  documents.—(1)  Where  any  document  is  filed  before  any  Court  by  the 
prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or 
the  accused, as the case  may  be, or the pleader for the prosecution or the accused, if any, shall be called upon to 
admit or deny the genuineness of each such document. 

(2) The list of documents shall be in such form as be prescribed by the State Government. 

(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, 
trial  or  other  proceeding  under  this  Code  without  proof  of  the  signature  of  the  person  to  whom  it  purports  to  be 
signed: 

Provided that the Court may, in its discretion, require such signature to be proved. 

295.  Affidavit  in  proof  of  conduct  of  public  servants.—When  any  application  is  made  to  any  Court  in  the 
course  of  any  inquiry,  trial  or  other  proceeding  under  this  Code,  and  allegations  are  made  therein  respecting  any 

1. Subs. by Act 25 of 2005, s. 26, for cl. (b) (w.e.f. 23-6-2006). 
2. Ins. by Act 45 of 1978, s. 21 (w.e.f. 18-12-1978). 
3. Ins. by Act 25 of 2005, s. 26 (w.e.f. 23-6-2006). 

141 

 
                                                 
public  servant,  the  applicant  may  give  evidence  of  the  facts  alleged  in  the  application  by  affidavit,  and  the  Court 
may, if it thinks fit, order that evidence relating to such facts be so given. 

296.  Evidence  of  formal  character  on  affidavit.—(1)  The  evidence  of  any  person  whose  evidence  is  of  a 
formal  character  may  be  given  by  affidavit  and  may,  subject  to  all  just  exceptions,  be  read  in  evidence  in  any 
inquiry, trial or other proceeding under this Code. 

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and 

examine any such person as to the facts contained in his affidavit. 

297. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court under 

this Code may be sworn or affirmed before— 

1[(a) any Judge or Judicial or Executive Magistrate, or] 

(b) any Commissioner of Oaths appointed by a High Court or Court of Session, or 

(c) any notary appointed under the Notaries Act, 1952 (53 of 1952). 

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his 
own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent 
shall clearly state the grounds of such belief. 

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. 

298. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under this Code, 
a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time 
being  in force,— 

(a) by an extract certified under the hand of the officer having the custody of the records of the Court in 

which such conviction or acquittal was held, to be a copy of the sentence or order,  or 

(b) in case of a conviction, either by a  certificate signed by  the  officer in charge of the Jail in  which the 
punishment or any part thereof was undergone, or by production of the warrant of commitment under which the 
punishment was suffered,  

together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or 
acquitted. 

299. Record of evidence in absence of accused.—(1) If it is proved that an accused person has absconded, and 
that there is no immediate prospect of arresting him, the Court competent to try  2[, or commit for trial,] such person 
for  the  offence  complained  of  may,  in  his  absence,  examine  the  witnesses  (if  any)  produced  on  behalf  of  the 
prosecution,  and  record  their  depositions  and  any  such  deposition  may,  on  the  arrest  of  such  person,  be  given  in 
evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or 
incapable  of  giving  evidence  or  cannot  be  found  or  his  presence  cannot  be  procured  without  an  amount  of  delay, 
expense or inconvenience which, under the circumstances of the case, would be unreasonable. 

(2) If  it  appears  that  an  offence  punishable  with  death  or  imprisonment  for  life  has  been  committed  by  some 
person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class 
shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions 
so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is 
dead or incapable of giving evidence or beyond the limits of India. 

Uttar Pradesh 

STATE AMENDMENT 

In section 299 of the said Code, in sub-section (1), for the words “competent to try such person”, the 

1. Subs.  by Act 45 of 1978, s. 22,  for cl. (a)  (w.e.f. 18-12-1978).  
2. Ins. by Act 45 of 1978, s. 23 (w.e.f. 18-12-1978). 

142 

 
                                                 
words “competent to try such person or to commit him for trial” shall be substituted. 

  [Vide Uttar Pradesh Act 16 of 1976, s. 7] 

CHAPTER XXIV  

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 

300. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has once been 
tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such 
conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for 
any  other  offence  for  which  a  different  charge  from  the  one  made  against  him  might  have  been  made  under                  
sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof. 

(2)  A  person  acquitted  or  convicted  of  any  offence  may  be  afterwards  tried,  with  the  consent  of  the  State 
Government, for any distinct offence for which a separate charge might have been made against him at the former 
trial under sub-section (1) of section 220. 

(3) A person convicted of any offence constituted by any act causing consequences which, together with such 
act,  constituted  a  different  offence  from  that  of  which  he  was  convicted,  may  be  afterwards  tried  for  such  last 
mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the 
time when he was convicted. 

(4) A person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal or 
conviction,  be  subsequently  charged  with,  and  tried  for,  any  other  offence  constituted  by  the  same  acts  which  he 
may have committed if the Court by which he was first tried was not competent to try the offence with which he is 
subsequently charged. 

(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent 

of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate. 

(6)  Nothing 

in 

this  section  shall  affect 

the  provisions  of  section  26  of 

the  General  Clauses                                                

Act, 1897 (10 of 1897) or of section 188 of this Code. 

Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes 

of this section. 

Illustrations  

(a) A is tried upon a charge of theft as a  servant and aquitted.  He cannot afterwards,  while the acquittal remains in 

force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. 

(b) A is tried for causing grievous hurt and convicted.  The person injured afterwards dies.  A may be tried again for 

culpable homicide. 

(c) A is charged before the Court of Session and convicted of the culpable homicide of B.  A may not afterwards be 

tried on the same facts for the murder of B. 

(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B.  A may 

not  afterwards  be  tried  for  voluntarily  causing  grievous  hurt  to  B  on  the  same  facts,  unless  the  case  comes  within                       
sub-section (3) of this section. 

(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of 

B. A  may subsequently be charged with, and tried for, robbery on the same facts.   

(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D.  A, B and C may 

afterwards be charged with, and tried for, dacoity on the same facts. 

301. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor in charge 

143 

 
of a case may appear and plead without any written authority before any Court in which that case is under inquiry, 
trial or appeal. 

(2) If in any such case any private person instructs a pleader  to prosecute any person in any Court, the Public 
Prosecutor  or  Assistant  Public  Prosecutor  in  charge  of  the  case  shall  conduct  the  prosecution,  and  the  pleader  so 
instructed  shall  act  therein  under  the  directions  of  the  Public  Prosecutor  or  Assistant  Public  Prosecutor,  and  may, 
with the permission of the Court, submit written arguments after the evidence is closed in the case. 

STATE AMENDMENT 

West Bengal 

For  sub-section  (1)  of  section  301  of  the  principal  Act,  the  following  sub-sections  shall  be 

substituted:— 

“(1)  (a)  The  Public  Prosecutor  in  charge  of  a  case  may  appear  and  plead  without  any  written  authority 

before any Court in which that case is under inquiry, trial or appeal. 

(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority 

before any Court in which that case is under inquiry or trial.”. 

[Vide West Bengal Act 26 of 1990, s. 4] 

302. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may permit the 
prosecution to be conducted by any person other than a police officer below the rank of inspector; but no  person, 
other  than  the  Advocate-General  or  Government  Advocate  or  a  Public  Prosecutor  or  Assistant  Public  Prosecutor, 
shall be entitled to do so without such permission: 

Provided  that  no  police  officer  shall  be  permitted  to  conduct  the  prosecution  if  he  has  taken  part  in  the 

investigation into the offence with respect to which the accused is being prosecuted. 

(2) Any person conducting the prosecution may do so personally or by a pleader. 

303. Right of person against whom proceedings are instituted to be defended.—Any person accused of an 
offence  before  a  Criminal  Court,  or  against  whom  proceedings  are  instituted  under  this  Code,  may  of  right  be 
defended by a pleader of his choice. 

304. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial before the Court of Session, 
the  accused  is  not  represented  by  a  pleader,  and  where  it  appears  to  the  Court  that  the  accused  has  not  sufficient 
means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State. 

(2) The High Court may, with the previous approval of the State Government, make rules providing for— 

(a) the mode of selecting pleaders for defence under sub-section (1); 

(b) the facilities to be allowed to such pleaders by the Courts; 

(c) the  fees payable to such pleaders by the  Government,  and generally,  for carrying out the purposes of 

sub-section (1). 

(3)  The  State  Government  may,  by  notification,  direct  that,  as  from  such  date  as  may  be  specified  in  the 
notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts 
in the State as they apply in relation to trials before Courts of  Session. 

305.  Procedure  when  corporation  or  registered  society  is  an  accused.—(1)  In  this  section,  “corporation” 
means  an  incorporated  company  or  other  body  corporate,  and  includes  a  society  registered  under  the  Societies 
Registration Act, 1860 (21 of 1860). 

(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint 

144 

 
a  representative  for  the  purpose  of  the  inquiry  or  trial  and  such  appointment  need  not  be  under  the  seal  of  the 
corporation.  

(3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in 
the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement 
that thing shall be done in the presence of the representative or read or stated or explained to the representative, and 
any requirement that the accused shall be examined shall be construed as a requirement that the representative shall 
be examined. 

(4)  Where  a  representative  of  a  corporation  does  not  appear,  any  such  requirement  as  is  referred  to  in                     

sub-section (3) shall not apply. 

(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any 
person (by whatever name called) having, or being one of the persons having the management of the affairs of the 
corporation  to  the  effect  that  the  person  named  in  the  statement  has  been  appointed  as  the  representative  of  the 
corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such 
person has been so appointed. 

(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry 

or trial before a Court is or is not such representative, the question shall be determined by the Court. 

306. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person supposed to 
have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial 
Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, 
and  the  Magistrate  of  the  first  class  inquiring  into  or  trying  the  offence,  at  any  stage  of  the  inquiry  or  trial,  may 
tender  a  pardon  to  such  person  on  condition  of  his  making  a  full  and  true  disclosure  of  the  whole  of  the 
circumstances  within  his  knowledge  relative  to  the  offence  and  to  every  other  person  concerned,  whether  as 
principal or abettor, in the commission thereof. 

(2) This section applies to— 

(a) any offence  triable exclusively by the  Court of Session or by the Court of a Special Judge appointed 

under the Criminal Law Amendment Act, 1952 (46 of 1952); 

(b)  any  offence  punishable  with  imprisonment  which  may  extend  to  seven  years  or  with  a  more  severe 

sentence.  

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record— 

(a) his reasons for so doing; 

(b) whether the tender was or was not accepted by the person to whom it was made, 

and shall, on application made by the accused, furnish him with a copy of such record free of cost. 

(4) Every person accepting a tender of pardon made under sub-section (1)— 

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in 

the subsequent trial, if any; 

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial. 

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under 
sub-section  (4),  the  Magistrate  taking  cognizance  of  the  offence  shall,  without  making  any  further  inquiry  in  the 

145 

 
case— 

(a) commit it for trial— 

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking 

cognizance is the Chief Judicial Magistrate; 

(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952), 

if the offence is triable exclusively by that Court; 

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. 

307.  Power  to  direct  tender  of  pardon.—At  any  time  after  commitment  of  a  case  but  before  judgment  is 
passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any 
person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on 
the same condition to such person. 

308. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person who has 
accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion 
such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the 
condition on which the tender was made, such person may be tried for the offence in respect of which the pardon 
was  so  tendered  or  for  any  other  offence  of  which  he  appears  to  have  been  guilty  in  connection  with  the  same 
matter, and also for the offence of giving false evidence: 

Provided that such person shall not be tried jointly with any of the other accused: 

Provided  further  that  such  person  shall  not  be  tried  for  the  offence  of  giving  false  evidence  except  with  the 

sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence. 

(2)  Any  statement  made  by  such  person  accepting  the  tender  of  pardon  and  recorded  by  a  Magistrate  under 

section 164 or by a Court under sub-section (4) of section 306 may be given in evidence against him at such trial. 

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such 
tender  was  made;  in  which  case  it  shall  be  for  the  prosecution  to  prove  that  the  condition  has  not  been  complied 
with. 

(4) At such trial, the Court shall— 

(a) if it is a Court of Session, before the charge is read out and explained to the accused; 

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, 

ask  the  accused  whether  he  pleads  that  he  has  complied  with  the  conditions  on  which  the  tender  of  pardon  was 
made.                    

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before 
passing  judgment  in  the  case,  find  whether  or  not    the    accused    has    complied    with    the  conditions  of  the           
pardon,  and,    if  it  finds  that  he  has  so  complied,  it  shall,  notwithstanding  anything  contained  in  this  Code,  pass 
judgment of acquittal. 

309.  Power  to  postpone  or  adjourn  proceedings.—1[(1)  In  every  inquiry  or  trial  the  proceedings  shall  be 
continued  from  day-to-day  until  all  the  witnesses  in  attendance  have  been  examined,  unless  the  Court  finds  the 

1. Subs. by Act 13 of 2013, s. 21, for sub-section (1) (w.e.f. 3-2-2013).  

146 

 
                                                 
adjournment of the same beyond the following day to be necessary for reasons to be recorded: 

Provided that when the inquiry or trial relates to an offence under section 376,  1[section 376A, section 376AB, , 
section 376B, section 376C, section 376D, section 376DA or section DB  of the Indian Penal Code (45 of 1860), the inquiry or 
trial shall] be completed within a period of two months from the date of filing of the charge sheet.] 

 (2)  If  the  Court,  after  taking  cognizance  of  an  offence,  or  commencement  of  trial,  finds  it  necessary  or 
advisable to postpone the commencement of, or adjourn, any inquiry or trial, it  may, from time to time, for reasons 
to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable,  
and may by a warrant remand the accused if in custody: 

Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding 

fifteen days at a time: 

Provided  further  that  when  witnesses  are  in  attendance,  no  adjournment  or  postponement  shall  be  granted, 

without examining them, except for special reasons to be recorded in writing: 

2[Provided  also  that  no  adjournment  shall  be  granted  for  the  purpose  only  of  enabling  the  accused  person  to 

show cause against the sentence proposed to be imposed on him.] 

3[Provided also that— 

(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond 

the control of that party; 

(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment; 

(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader 
though  present  in  Court,  is  not  ready  to  examine  or  cross-examine  the  witness,  the  Court  may,  if  thinks  fit, 
record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief 
or cross-examination of the witness, as the case may be.] 

Explanation  1.—If  sufficient  evidence  has  been  obtained  to  raise  a  suspicion  that  the  accused  may  have 
committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable 
cause for a remand. 

Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate 

cases, the payment of costs by the prosecution or the accused. 

Chhattisgarh 

STATE AMENDMENT 

In proviso to sub-section (1) of Section 309 of the Code, for the words, figures and letters “section 376, section 
376A,  section  376B,  section  376C  or  section  376D”,  the  words,  figures  and  letters  “section  354,  section  354A, 
section  354B,  section  354C,  section  354D,  section  354E,  section  376,  section  376A,  section  376B,  section  376C, 
section 376D, section 376E, section 376F, section 509, section 509A or section 509B” shall be substituted. 

[Vide Chhattisgarh Act 25 of 2015, s. 11.] 

Maharashtra  

In section 309 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra 

1. Subs. by Act 22 of 2018, s. 16, for “section 376A, section 376B, section 376C, section 376D” (w.e.f. 21-4-2018).  
2. Ins. by Act 45 of 1978, s. 24 (w.e.f. 18-12-1978). 
3. Ins. by Act 5 of 2009, s. 21 (w.e.f. 1-11-2010).  

147 

 
                                                 
(hereinafter,  in  this  Chapter,  referred  to  as  “the  Code  of  Criminal  Procedure”),  after  the  existing  proviso,  the 
following proviso shall be added, namely:— 

“Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 (45 of 1860) of 
the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months from 
the date of filing of the charge sheet”. 

[Vide Maharashtra Act, 40 of 2018, s. 4.] 

Arunachal Pradesh 

Amendment of section 309.—In the proviso to sub-section (1) of section 309 of the principal Act, for 
the words, figures and letters “section 376, section 376A, section 376B, section 376C or section 376D of 
the Indian Penal Code” the words, figures and letters “section 376, section 376A, section 376AA section 
376B, section 376C, section 376D or section 376DA of the Indian Penal Code” shall be substituted. 
[Vide Arunachal Pradesh Act 3 of 2019, s. 18] 

310. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, 
after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or 
any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence 
given  at  such  inquiry  or  trial,  and  shall  without  unnecessary  delay  record  a  memorandum  of  any  relevant  facts 
observed at such inspection. 

(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or 

any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 

311. Power to summon material witness, or examine person present.—Any Court may, at any stage of any 
inquiry,  trial  or  other  proceeding  under  this  Code,  summon  any  person  as  a  witness,  or  examine  any  person  in 
attendance,  though  not  summoned  as  a  witness,  or  recall  and  re-examine  any  person  already  examined;  and  the 
Court  shall  summon  and  examine  or  recall  and  re-examine  any  such  person  if  his  evidence  appears  to  it  to  be 
essential to the just decision of the case. 

1[311A. Power of Magistrate to order person to give specimen signatures or handwriting.—If a Magistrate 
of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient 
to  direct  any  person,  including  an  accused  person,  to  give  specimen  signatures  or  handwriting,  he  may  make  an 
order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time 
and place specified in such order and shall give his specimen signatures or handwriting: 

Provided  that  no  order  shall  be  made  under  this  section  unless  the  person  has  at  some  time  been  arrested  in 

connection with such investigation or proceeding.] 

312.  Expenses  of  complainants  and  witnesses.—Subject  to  any  rules  made  by  the  State  Government,  any 
Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any 
complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under 
this Code. 

313.  Power  to  examine  the  accused.—(1)  In  every  inquiry  or  trial,  for  the  purpose  of  enabling  the  accused 

personally to explain any circumstances appearing in the evidence against him, the Court— 

(a)  may  at  any  stage,  without  previously  warning  the  accused  put  such  questions  to  him  as  the  Court 

considers necessary; 

(b)  shall,  after  the  witnesses  for  the  prosecution  have  been  examined  and  before  he  is  called  on  for  his 

defence, question him generally on the case: 

Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it 

may also dispense with his examination under clause (b).  

1. Ins. by Act 25 of 2005, s. 27 (w.e.f. 23-6-2006). 

148 

 
                                                 
(2) No oath shall be administered to the accused when he is examined under sub-section (1). 

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving 

false answers to them. 

 (4)  The  answers  given  by  the  accused  may  be  taken  into  consideration  in  such  inquiry  or  trial,  and  put  in 
evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to 
show he has committed. 

1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to 
be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of 
this section.] 

Jharkhand  

STATE AMENDMENT 

Amendment of Section 313.-In Section 313 of Code of Criminal Procedure, 1973, in its application to 
the State of Jharkhand:- 

(i)  In  every  enquiry  or  trial  for  the  purpose  of  enabling  the  accused  personally  to  explain  any 
circumstances  appearing  in  the  evidence  against  him  the  Court-After  the  words  “enabling  the 
accused,” the word “in person or through the medium of electronic video linkag” shall be inserted. 

[Vide Jharkhand Act 2 of 2016, s. 4] 

314. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon as 
may  be,  after  the  close  of  his  evidence,  address  concise  oral  arguments,  and  may,  before  he  concludes  the  oral 
arguments,  if  any,  submit  a  memorandum  to  the  Court  setting  forth  concisely  and  under  distinct  headings,  the 
arguments in support of his case and every such memorandum shall form part of the record. 

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. 

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless 

the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. 

(4)  The  Court  may,  if  it  is  of  opinion  that  the  oral  arguments  are  not  concise  or  relevant,  regulate  such 

arguments. 

315.  Accused  person  to  be  competent  witness.—(1)  Any  person  accused  of  an  offence  before  a  Criminal 
Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made 
against him or any person charged together with him at the same trial: 

Provided that— 

(a) he shall not be called as a witness except on his own request in writing; 

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties  or the 
Court or give rise to any presumption against  himself or any person charged together  with him that the same 
trial. 

(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107 
or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, 
may offer himself as a witness in such proceedings: 

Provided that in proceedings under section 108, section 109, or section 110, the failure of such person to give 
evidence  shall  not  be  made  the  subject  of  any  comment  by  any  of  the  parties  or  the  Court  or  give  rise  to  any 
presumption against him or any other person proceeded against together with him at the same inquiry. 

1. Ins. by Act 5 of 2009, s. 22 (w.e.f. 31-12-2009). 

149 

 
                                                 
316. No influence to be used to induce disclosure.—Except as provided in sections 306 and 307, no influence, 
by  means  of  any  promise  or  threat  or  otherwise,  shall  be  used  to  an  accused  person  to  induce  him  to  disclose  or 
withhold any matter within his knowledge. 

317.  Provision for  inquiries  and  trial  being  held  in  the absence  of  accused  in  certain  cases.—(1)  At  any 
stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the 
personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused 
persistently  disturbs  the  proceedings  in  Court,  the  Judge  or  Magistrate  may,  if  the  accused  is  represented  by  a 
pleader,  dispense  with  his  attendance  and  proceed  with  such  inquiry  or  trial  in  his  absence,  and  may,  at  any 
subsequent stage of the proceedings, direct the personal attendance of such accused. 

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his 
personal attendance necessary, he  may, if he thinks fit and for reasons to be recorded by him, either adjourn such 
inquiry or trial, or order that the case of such accused be taken up or tried separately. 

Gujarat 

STATE AMENDMENT 

In the principal Act, to section 317, the following Explanation shall be added, namely: — 

“Explanation:  —For  the  purpose  of  this  section  “Personal  attendance  of  the  accused”  shall  include  his 

attendance through the medium of Electronic Video Linkage as provided in section 273.”. 

[Vide Gujarat Act 31 of 2017, s. 6] 

318.  Procedure  where  accused  does  not  understand  proceedings.—If  the  accused,  though  not  of  unsound 
mind, cannot be  made to understand the proceedings, the  Court  may proceed  with the inquiry or trial; and, in the 
case  of  a  Court  other  than  a  High  Court,  if  such  proceedings  result  in  a  conviction,  the  proceedings  shall  be 
forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon 
such order as it thinks fit. 

319. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the course of 
any  inquiry  into,  or  trial  of,  an  offence,  it  appears  from  the  evidence  that  any  person  not  being  the  accused  has 
committed  any  offence  for  which  such  person  could  be  tried  together  with  the  accused,  the  Court  may  proceed 
against such person for the offence which he appears to have committed. 

 (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the 

case may require, for the purpose aforesaid. 

 (3) Any person attending the Court,  although not under arrest or upon a summons,  may be detained by such 

Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. 

(4) Where the Court proceeds against any person under sub-section (1), then— 

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard; 

(b)  subject  to  the  provisions  of  clause  (a),  the  case  may  proceed  as  if  such  person  had  been  an  accused 

person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. 

320.  Compounding  of  offences.—(1)  The  offences  punishable  under  the  sections  of  the  Indian  Penal                 

Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons 
mentioned in the third column of that Table:— 

Offence 

Section of the  

Person by whom offence 

1[TABLE 

1. Subs. by Act 5 of 2009, s. 23, for  the TABLE (w.e.f. 31-12-2009).  

150 

 
                                                 
Indian Penal 

may be compounded 

Code applicable 

          1 

2 

3 

Uttering words, etc., with deliberate 

298 

The person whose religious feelings 

intent to wound the religious 

are intended to be wounded. 

feelings of any person. 

Voluntarily causing hurt. 

323 

The person to whom the hurt is 

Voluntarily causing hurt on 

334 

Ditto. 

provocation. 

caused. 

Voluntarily causing grievous hurt 

335 

The person to whom the hurt is  

on grave and sudden provocation. 

caused. 

Wrongfully restraining or confining 

341, 

The person restrained or confined. 

any person. 

Wrongfully confining a person for 

three days or more 

342 

343 

The person confined. 

Wrongfully confining a person for 

344 

Ditto. 

ten days or more. 

Wrongfully confining a person in 

346 

The person confined. 

secret. 

Assault or use of criminal force. 

Theft. 

Dishonest misappropriation of 

property. 

352, 

355, 

358  

379 

403 

The person assaulted or to whom 

criminal force is used. 

The owner of the property stolen. 

The owner of the property 

misappropriated. 

Criminal breach of trust by a carrier, 

407 

The owner of the property in respect 

wharfinger, etc. 

of which the breach of trust has been 

Dishonestly receiving stolen 

411 

The owner of the property stolen. 

property knowing it to be stolen. 

committed. 

         1 

2 

3 

Assisting in the concealment or 

414 

Ditto. 

disposal of stolen property, knowing 

it to be stolen. 

Cheating. 

Cheating by personation. 

Fraudulent removal or concealment 

of property, etc., to prevent 

417 

419 

421 

The person cheated. 

Ditto. 

The creditors who are affected 

thereby. 

151 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
distribution among creditors. 

Fraudulently preventing from being 

422 

Ditto. 

made available for his creditors a 

debt or demand due to the offender. 

Fraudulent execution of deed of 

423 

The person affected thereby. 

transfer containing false statement 

of consideration. 

Fraudulent removal or concealment 

424 

Ditto. 

of property. 

Mischief, when the only loss or 

426, 

The person to whom the loss or 

damage caused is loss or damage to 

427 

damage is caused. 

a private person. 

Mischief by killing or maiming 

428 

The owner of the animal. 

animal.  

Mischief by killing or maiming 

429 

The owner of the cattle or animal. 

cattle, etc.  

Mischief by injury to works of 

430 

The person to whom the loss or 

irrigation by wrongfully diverting 

damage is caused. 

water when the only loss or damage 

caused is loss or damage to private  

person. 

          1 

Criminal trespass. 

House-trespass. 

House-trespass to commit an 

2 

447 

448 

451 

3 

The person in possession of the property trespassed upon.   

 Ditto. 

The person in possession of the 

offence (other than theft) punishable 

house trespassed upon. 

with imprisonment. 

Using a false trade  or property 

482 

The person to whom loss or injury is 

mark. 

caused by such use. 

Counterfeiting a trade or property 

483 

    Ditto. 

mark used by another. 

Knowingly selling, or exposing or 

486 

    Ditto. 

possessing for sale or for 

manufacturing purpose, goods 

marked with a counterfeit property  

mark. 

Criminal breach of contract of 

491 

The person with whom the offender 

service. 

has contracted. 

152 

 
 
 
 
 
 
 
 
Adultery. 

Enticing or taking away or detaining 

497 

498 

The husband of the woman. 

The husband of the woman and the 

with criminal intent a married 

woman 

woman. 

Defamation, except such cases as 

500 

The person defamed. 

are specified against section 500 of 

the Indian Penal Code (45 of 1860)  

in column 1 of the Table under  

sub-section (2). 

Printing or engraving matter, 

501 

    Ditto. 

knowing it to be defamatory. 

Sale of printed or engraved 

502 

    Ditto. 

substance containing defamatory 

matter, knowing it to contain such 

matter. 

Insult intended to provoke a breach 

504 

The person insulted. 

of the peace. 

Criminal intimidation. 

Inducing person to believe himself 

an object of divine displeasure.  

506 

508 

The person intimidated. 

The person induced.] 

 (2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two 
columns of the Table next following may, with the permission of the Court before which any prosecution for such 
offence is pending, be compounded by the persons mentioned in the third column of that Table:— 

1[TABLE 

       Offence 

Section of the  

Person by whom offence 

Indian Penal 

may be compounded 

Code applicable 

          1 

Causing miscarriage. 

Voluntarily causing grievous hurt. 

Causing hurt by doing an act so 

rashly and negligently as to 

endanger human life or the personal 

safety of others. 

2 

312 

325 

337 

3 

The woman to whom miscarriage is caused  . 

The person to whom hurt is caused. 

Ditto. 

Causing grievous hurt by doing an 

338 

    Ditto. 

act so rashly and negligently as to 

1. Subs. by Act 5 of 2009, s. 23, for TABLE (w.e.f. 31-12-2009).  

153 

 
 
 
 
 
 
 
 
 
 
 
                                                 
endanger human life or the personal 

safety of others. 

Assault or criminal force in attempt- 

357 

The person assaulted or to whom 

ting wrongfully to confine a person. 

the force was used.  

Theft, by clerk or servant of 

381 

The owner of the property stolen. 

property in possession of master. 

Criminal breach of trust 

406 

The owner of property in respect of 

which breach of trust has 

been committed. 

Criminal breach of trust by a clerk  

408 

The owner of the property in respect  

or servant. 

of which the breach of trust has been  

Cheating a person whose interest  

418 

The person cheated. 

committed. 

the offender was bound, either by 

law or by legal contract, to protect. 

Cheating and dishonestly inducing  

420 

The person cheated. 

delivery of property or the making,  

alteration or destruction of a valuable  

security. 

Marrying again during the life-time  

494 

The husband or wife of the person so marrying. 

of a husband or wife. 

          1 

2 

3 

Defamation against the President or the  

    500   The person defamed. 

Vice-President or the Governor of a  

State or the Administrator of a Union 

territory or a Minister in respect of his 

public functions when instituted upon 

a complaint made by the Public 

Prosecutor.  

Uttering words or sounds or making  

      509  The woman whom it was intended to 

gestures or exhibiting any object 

insult or whose privacy was intruded  

intending to insult the modesty of a 

upon.] 

woman or intruding upon the privacy  

of a woman. 

1[(3)  When  an  offence  is  compoundable  under  this  section,  the  abetment  of  such  offence  or  an  attempt  to 
commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 

1. Subs. by Act 5 of 2009, s. 23, for sub-section (3) (w.e.f. 31-12-2009).  

154 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
of the Indian Penal Code (45 of 1860) may be compounded in like manner.]  

(4) (a) When the person who would otherwise be competent to compound an offence under this section is under 
the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may,  with the 
permission of the Court, compound such offence. 

(b) When the person who would otherwise be competent to compound an offence under this section is dead, the 
legal  representative,  as  defined  in  the  Code  of  Civil  Procedure,  1908  (5  of  1908)  of  such  person  may,  with  the 
consent of the Court, compound such offence. 

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition 
for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the 
appeal is to be heard. 

(6)  A  High  Court  or  Court  of  Session  acting  in  the  exercise  of  its  powers  of  revision  under  section  401  may  allow  any 

person to compound any offence which such person is competent to compound under this section. 

(7)  No  offence  shall  be  compounded  if  the  accused  is,  by  reason  of  a  previous  conviction,  liable  either  to  enhanced 

punishment or to a punishment of a different kind for such offence. 

(8)  The  composition  of  an  offence  under  this  section  shall  have  the  effect  of  an  acquittal  of  the  accused  with  whom  the 

offence has been compounded. 

(9) No offence shall be compounded except as provided by this section.  

STATE AMENDMENT 

Madhya Pradesh 

Amendment of Section 320.—In the table below sub-section (2) of Section 320 of the principal Act,- 

(i) in column first, second and third, before section 324 and entries relating thereto, the following sections and entries 

relating thereto shall be inserted, namely:— 

“(1) 

Rioting 

(2) 
147 

Rioting armed with deadly weapon 

148 

Obscene acts or use of obscene words 

294 

(3) 
The person against whom the force or 
violence is used at the time of 
committing an offence: 

Provided that the accused is not 
charged with other offence which is 
not compoundable. 

The person against whom the force or 
violence is used at the time of 
committing an offence: 

Provided that the accused is not 
charged with other offence which is 
not compoundable. 

The person against whom obscene acts 
were done or obscene words were 
used.”. 

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and entries relating 

thereto shall be inserted, namely:— 

“(1) 

Criminal intimidation if threat to be 
caused death or grievous hurt, etc. 

(2) 
Part II of Section 506 

(3) 
The person against whom the offence 
of Criminal Intimidation was 
committed.”. 

155 

 
 
 
 
 
[Vide Madhya Pradesh 17 of 1999, s. 3.] 

Andhra Pradesh and Telangana 
Amendment of section 320 Central Act 2 of 1974.-In the code of criminal Procedure, 1973, in section 320, in sub-section (2), 
in the Table and in the column thereof; after item, the following item and entries relating thereto shall be inserted, namely:- 

“marrying again during the lifetime of a husband or 
wife. 
“Husband or relative of Husband of a woman 
subjecting her to cruelty. 

494. The husband or wife of the person so marrying.” 

498-A The women subjected to cruelty: 
Provided that a minimum period of three months shall 
elapse from the date of request or application for 
compromise before a Court and the Court can accept a 
request for compounding an offence under section 
498-A of the Indian Penal Code, 1860, provided none 
of the parties withdraw the case in the intervening 
period.” 

[Vide the Andhra Pradesh Act 11 of 2003, s. 2] 
321. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with 

the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either 
generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,— 

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; 
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted 

in respect of such offence or offences: 
Provided that where such offence— 

(i) was against any law relating to a matter to which the executive power of the Union extends, or 
(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police Establishment 

Act, 1946 (25 of 1946), or 

(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government, 

or 

(iv)  was  committed  by  a  person  in  the  service  of  the  Central  Government  while  acting  or  purporting  to  act  in  the 

discharge of his official duty, 

and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he 
has  been  permitted  by  the  Central  Government  to  do  so,  move  the  Court  for  its  consent  to  withdraw  from  the 
prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission 
granted by the Central Government to withdraw from the prosecution. 

STATE AMENDMENT 

Uttar Pradesh 
In  section  321  of  the  said  Code,  after  the  words  “in  charge  of  a  case  may”  the  words  “on  the  written 
permission of the State Government to that effect (which shall be filed in Court)”, shall be inserted.  
[Vide Uttar Pradesh Act 18 of 1991, s. 3]  

Amendment of section 321.— 

(b) for sub-section (3) the following sub-section shall be substituted, namely :— 
“(3) When the Court imposes a sentence, of which fine does not form a part, the Court may, and 
where  the  person  who  has  suffered  the  loss  or  injury  is  a  member  of  the  Scheduled  Castes  or  the 
Scheduled Tribes and the person sentenced is not a member of such Castes or Tribes the Court shall, 
when passing judgment, order the person sentenced to pay, by way of compensation, such amount as 
may be specified in the order to the person who has suffered any loss or injury by reason of the act for 
which the person has been so sentenced. ” 

[Vide Uttar Pradesh Act 17 of 1992, s. 2] 

322. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry into an 

offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption— 

156 

 
  
(a) that he has no jurisdiction to try the case or commit it for trial, or 

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, 

or 

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit 
the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, 
having jurisdiction, as the Chief Judicial Magistrate directs. 

(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it 

to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 

323.  Procedure  when,  after  commencement  of  inquiry  or  trial,  Magistrate  finds  case  should  be 
committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the 
proceedings  before  signing  the  judgment  that  the  case  is  one  which  ought  to  be  tried  by  the  Court  of  Session,  he 
shall commit it to that Court under the provisions hereinbefore contained  1[and thereupon the provisions of Chapter 
XVIII shall apply to the commitment so made]. 

324.  Trial  of  persons  previously  convicted  of  offences  against  coinage,  stamp-law  or  property.—  (1) 
Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian 
Penal Code (45 of 1860), with imprisonment for a term of three years or upwards, is again accused of any offence 
punishable  under  either  of  those  Chapters  with  imprisonment  for  a  term  of  three  years  or  upwards,  and  the 
Magistrate  before  whom  the  case  is  pending  is  satisfied  that  there  is  ground  for  presuming  that  such  person  has 
committed  the  offence,  he  shall  be  sent  for  trial  to  the  Chief  Judicial  Magistrate  or  committed  to  the  Court  of 
Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate 
sentence if the accused is convicted. 

 (2)  When  any  person  is  sent  for  trial  to  the  Chief  Judicial  Magistrate  or  committed  to  the  Court  of  Session 

under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or 

committed, unless the Magistrate discharges such other person under section 239 or section 245, as the case may be. 

325. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a Magistrate is of 

opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought 

to receive  a punishment different in  kind from, or  more  severe  than, that  which  such Magistrate  is empowered to 

inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a 

bond  under  section  106,  he  may  record  the  opinion  and  submit  his  proceedings,  and  forward  the  accused,  to  the 

Chief Judicial Magistrate to whom he is subordinate. 

(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed 

under  sub-section  (1),  in  regard  to  any  of  such  accused,  he  shall  forward  all  the  accused,  who  are  in  his  opinion 

guilty, to the Chief Judicial Magistrate. 

(3)  The  Chief  Judicial  Magistrate  to  whom  the  proceedings  are  submitted  may,  if  he  thinks  fit,  examine  the 

parties and recall and examine any witness who has already given evidence in the case and may call for and take any 

further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law. 

326.  Conviction  or  commitment  on  evidence  partly  recorded  by  one  Magistrate  and  partly  by                  

1. Ins. by Act 45 of 1978, s. 26 (w.e.f. 18-12-1978).  

157 

 
                                                 
another.—(1) Whenever any  1[Judge or Magistrate], after having heard and recorded the whole or any part of the 
evidence  in  any  enquiry  or  a  trial,  ceases  to  exercise  jurisdiction  therein  and  is  succeeded  by  another  1[Judge  or 
Magistrate] who has and who exercises such jurisdiction, the  1[Judge or Magistrate] so succeeding may act on the 
evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: 

Provided  that  if  the  succeeding  1[Judge  or  Magistrate]  is  of  opinion  that  further  examination  of  any  of  the 
witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon any 
such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, 
the witness shall be discharged. 

(2) When a case is transferred under the provisions of this Code 2[from one judge to another Judge or from one 
Magistrate  to  another  Magistrate],  the  former  shall  be  deemed  to  cease  to  exercise  jurisdiction  therein,  and  to  be 
succeeded by the latter, within the meaning of sub-section (1). 

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been  stayed under 

section 322 or in which proceedings have been submitted to a superior Magistrate under section 325. 

STATE AMENDMENT 

Uttar Pradesh 

In section 326 of the said Code,— 

(a) in sub-section (1), for the word ‘Magistrate’, wherever occurring the words “Judge or Magistrate” 

shall be substituted,  

(b) in sub-section (2), before the words “from one Magistrate, to another Magistrate”, the words from 

one Judge to another Judge or” shall be inserted. 

[Vide Uttar Pradesh Act 16 of 1976, s. 8] 

327. Court to be open.—3[(1)] The place in which any Criminal Court is held for the purpose of inquiring into 
or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as 
the same can conveniently contain them: 

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or 
trial  of,  any  particular  case,  that  the  public  generally,  or  any  particular  person,  shall  not  have  access  to,  or  be  or 
remain in, the room or building used by the Court. 

4[(2)  Notwithstanding  anything  contained  in  sub-  section  (1),  the  inquiry  into  and  trial  of  rape  or  an  offence 
under  section  376,  5[section  376A,  section  376AB,  section  376B,  section  376C,  section  376D,  section  376DA, 
section 376DB] section 376E of the Indian Penal Code (45 of 1860)] shall be conducted in camera : 

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow 

any particular person to have access to, or be or remain in,  the room or building used by the Court: 

6[Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.]  

(3)  Where  any  proceedings  are  held  under  sub-section  (2),  it  shall  not  be  lawful  for  any  person  to  print  or 

1. Subs. by Act 45 of 1978, s. 27, for “Magistrate”  (w.e.f. 18-12-1978).  
2. Subs. by s. 27, ibid., for “from one Magistrate to another Magistrate”(w.e.f. 18-12-1978). 
3. S. 327 renumbered as sub-section (1) thereof by Act 43 of 1983, s. 4 (w.e.f. 25-12-1983).  
4. Ins. by Act 43 of 1983, s. 4 (w.e.f. 25-12-1978). 
5. Subs. by Act 22 of 2018, s. 17, for “section 376A, section 376B, section 376C section 376D” (w.e.f. 21-4-2018). 
6. Ins. by Act 5 of 2009, s. 24 (w.e.f. 31-12-2009). 

158 

 
                                                 
publish any matter in relation to any such proceedings except with the previous permission of the Court:] 

 6[Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be 

lifted, subject to maintaining confidentiality of name and address of the parties.]  

Chhattisgarh 

STATE AMENDMENT 

In sub-section (2) of the section 327 of the Code, for the words, figures and letters  “or an offence under section 
376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code”, the words, 
figures, letters and punctuations “sexual harassment, outraging modesty of woman or an offence under section 354, 
section  354A,  section  354B, section  354C,  section  354D,  section  354E,  section  376,  section  376A,  section  376B, 
section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the Indian 
Penal Code” shall be substituted. 

[Vide Chhattisgarh Act 25 of 2015, s. 12] 

Arunachal Pradesh 

Amendment of section 327.-In section 327 of the principal Act, in sub-section (2), for the words, figures 
and letters “section 376, section 376A, section 376B, section 376C, section 376D or section 376E of the 
Indian  Penal  Code”  the  words,  figures  and  letters  “section  376,  section  376A,  section  376AA,  section 
376B,  section  376C,  section  376D,  section  376DA  or  section  376E  of  the  Indian  Penal  Code”  shall  be 
substituted. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 19] 

CHAPTER XXV 

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 

328. Procedure in case of accused  being lunatic.—(1) When a Magistrate  holding an inquiry  has reason to 
believe  that the person against  whom  the inquiry is being held is of unsound  mind and consequently incapable of 
making  his  defence,  the  Magistrate  shall  inquire  into  the  fact  of  such  unsoundness  of  mind,  and  shall  cause  such 
person to be examined by the civil surgeon of the district or such other medical officer as the State Government may 
direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to 
writing.  

1[(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist 
or  clinical  psychologist  for  care,  treatment  and  prognosis  of  the  condition  and  the  psychiatrist  or  clinical 
psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of 
mind or mental retardation: 

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as 

the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— 

(a) head of psychiatry unit in the nearest government hospital; and 

 (b) a faculty member in psychiatry in the nearest medical college.]  

(2)  Pending  such  examination  and  inquiry,  the  Magistrate  may  deal  with  such  person  in  accordance  with  the 

provisions of section 330. 

1. Ins. by Act 5 of 2009,  s. 25,  (w.e.f. 31-12-2009).  

159 

 
                                                 
1[(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound mind, 
the Magistrate shall further determine  whether the unsoundness of mind renders the accused incapable of entering 
defence  and  if  the  accused  is  found  so  incapable,  the  Magistrate  shall  record  a  finding  to  that  effect,  and  shall 
examine  the  record  of  evidence  produced  by  the  prosecution  and  after  hearing  the  advocate  of  the  accused  but 
without  questioning  the  accused,  if  he  finds  that  no  prima  facie  case  is  made  out  against  the  accused,  he  shall, 
instead  of  postponing  the  enquiry,  discharge  the  accused  and  deal  with  him  in  the  manner  provided  under        
section 330: 

Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom 
a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of 
the  psychiatrist  or  clinical  psychologist,  is  required  for  the  treatment  of  the  accused,  and  order  the  accused  to  be 
dealt with as provided under section 330. 

(4)  If  such  Magistrate  is  informed  that  the  person  referred  to  in  sub-section  (1A)  is  a  person  with  mental 
retardation, the Magistrate shall further determine  whether the mental retardation renders the accused incapable of 
entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal 
with the accused in the manner provided under section 330.]  

329.  Procedure  in  case  of  person  of  unsound  mind  tried  before  Court.—(1)  If  at  the  trial  of  any  person 
before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind 
and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of 
such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence 
as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall 
postpone further proceedings in the case. 

2[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall 
refer  such  person  to  a  psychiatrist  or  clinical  psychologist  for  care  and  treatment,  and  the  psychiatrist  or  clinical 
psychologist,  as  the  case  may  be    shall  report  to  the  Magistrate  or  Court  whether  the  accused  is  suffering  from 
unsoundness of mind: 

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as 

the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— 

(a) head of psychiatry unit in the nearest government hospital; and 

(b) a faculty member in psychiatry in the nearest medical college.]  

3[(2)  If  such  Magistrate  or  Court  is  informed  that  the  person  referred  to  in  sub-section  (1A)  is  a  person  of 
unsound  mind,  the  Magistrate  or  Court  shall  further  determine  whether  unsoundness  of  mind  renders  the  accused 
incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding 
to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of 
the accused but without questioning the accused, if the Magistrate or Court finds that no  prima facie case is made 
out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the 
manner provided under section 330: 

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect 
of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion 
of the psychiatrist or clinical psychologist, is required for the treatment of the accused. 

(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of 
entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt 
with in accordance with section 330.]  

4[330. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if found 
under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental 

1. Subs. by Act 5 of 2009, s. 25, for sub-section (3)  (w.e.f. 31-12-2009).  
2. Ins. by, s. 26, ibid., (w.e.f. 31-12-2009) 
3. Subs. by s. 26, ibid., for sub-section (2) (w.e.f. 31-12-2009).  
4. Subs. by s. 27, ibid., for section 330 (w.e.f. 31-12-2009). 

160 

 
                                                 
retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or 
not, order release of such person on bail: 

Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate 
in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the 
nearest medical facility and to prevent from doing injury to himself or to any other person. 

(2) If  the  case  is  one  in  which,  in  the  opinion  of  the  Magistrate  or  Court,  as  the  case  may  be, bail  cannot  be 
granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where 
regular psychiatric treatment can be provided, and shall report the action taken to the State Government: 

Provided  that  no  order  for  the  detention  of  the  accused  in  a  lunatic  asylum  shall  be  made  otherwise  than  in 
accordance  with  such  rules  as  the  State  Government  may  have  made  under  the  Mental  Health  Act,  1987  (14  of 
1987). 

(3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason 
of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the 
nature  of the  act committed and the  extent of unsoundness of mind or mental retardation, further determine if the 
release of the accused can be ordered: 

Provided that— 

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, 
decide  to  order  discharge  of  the  accused,  as  provided  under  section  328  or  section  329,  such  release  may  be 
ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any 
other person; 

(b)  if  the  Magistrate  or  Court,  as  the  case  may  be,  is  of  opinion  that  discharge  of  the  accused  cannot  be 
ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation 
may be ordered wherein the accused may be provided care and appropriate education and training.]  

331. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under section 328 or 
section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to 
be  of  unsound  mind,  resume  the  inquiry  or  trial  and  require  the  accused  to  appear  or  be  brought  before  such 
Magistrate or Court. 

(2) When the accused has been released under section 330, and the sureties for his appearance produce him to 
the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is 
capable of making his defence shall be receivable in evidence. 

332. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused appears or is 
again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of 
making his defence, the inquiry or trial shall proceed. 

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate 
or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is 
found  to  be  of  unsound  mind  and  consequently  incapable  making  his  defence,  shall  deal  with  such  accused  in 
accordance with the provisions of section 330. 

333. When accused appears to have been of sound mind.—When the accused appears to be of sound mind at 
the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to 
believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and 
that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the 
nature  of  the  act  or  that  it  was  wrong  or  contrary  to  law,  the  Magistrate  shall  proceed  with  the  case,  and,  if  the 
accused ought to be tried by the Court of Session, commit him for trial before the Court of Session. 

334. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted upon the 
ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of 
mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary 
to law, the finding shall state specifically whether he committed the act or not. 

335. Person acquitted on such ground to be detained in safe custody.—(1) Whenever the finding states that 
the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, 
shall, if such act would, but for the incapacity found, have constituted an offence,— 

161 

 
 (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court 

thinks fit; or 

(b) order such person to be delivered to any relative or friend of such person. 

(2) No order for the detention of the accused in a lunatic asylum shall be made under clause  (a) of sub-section 
(1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy 
Act, 1912 (4 of 1912). 

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section 
(1)  except  upon  the  application  of  such  relative  or  friend  and  on  his  giving  security  to  the  satisfaction  of  the 
Magistrate or Court that the person delivered shall— 

(a) be properly taken care of and prevented from doing injury to himself or to any other person; 

(b) be produced for the inspection of such officer, and at such times and places, as the State Government 

may direct. 

(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1). 

336. Power of State Government to empower officer-in-charge to discharge.—The State Government may 
empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 
335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 or section 338. 

337.  Procedure  where  lunatic  prisoner  is  reported  capable  of  making  his  defence.—If  such  person  is 
detained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, the 
Inspector-General of Prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, or 
any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be 
taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the 
Magistrate  or  Court  shall  deal  with  such  person  under  the  provisions  of  section  332;  and  the  certificate  of  such 
Inspector-General or visitors as aforesaid shall be receivable as evidence. 

338. Procedure where lunatic detained is declared fit to be released.—(1) If such person is detained under 
the provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certify 
that,  in  his  or  their  judgment,  he  may  be  released  without  danger  of  his  doing  injury  to  himself  or  to  any  other 
person,  the  State  Government  may  thereupon  order  him  to  be  released,  or  to  be  detained  in  custody,  or  to  be 
transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to 
be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers. 

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is 

necessary, and shall report to the State Government, which may order his release or detention as it thinks fit. 

339.  Delivery  of  lunatic  to  care  of  relative  or  friend.—(1)  Whenever  any  relative  or  friend  of  any  person 
detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, 
the  State  Government  may,  upon  the  application  of  such  relative  or  friend  and  on  his  giving  security  to  the 
satisfaction of such State Government, that the person delivered shall— 

(a) be properly taken care of and prevented from doing injury to himself or to any other person; 

(b) be produced for the inspection of such officer, and at such times and places, as the State Government 

may direct; 

(c) in the case of a person detained under sub-section (2) of section 330, be produced when required before 

such Magistrate or Court,  

order such person to be delivered to such relative or friend. 

 (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his 

162 

 
being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause  (b) of 
sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, 
such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him 
before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with 
the provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence. 

CHAPTER XXVI 

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 

340. Procedure in cases mentioned in section 195.—(1) When, upon an application made to it in this behalf or 
otherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made into 
any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in 
relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence  

in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,— 

(a) record a finding to that effect; 

(b) make a complaint thereof in writing; 

(c) send it to a Magistrate of the first class having jurisdiction; 

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged 

offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such 
Magistrate; and 

(e) bind over any person to appear and give evidence before such Magistrate. 

(2) The  power  conferred  on  a  Court  by  sub-section  (1)  in  respect  of  an  offence  may,  in  any  case  where  that 
Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for 
the  making  of  such  complaint,  be  exercised  by  the  Court  to  which  such  former  Court  is  subordinate  within  the 
meaning of sub-section (4) of section 195. 

 (3) A complaint made under this section shall be signed,— 

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may 

appoint; 

1[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court 

may authorise in writing in this behalf.] 

 (4) In this section, “Court” has the same meaning as in section 195. 

341. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to make a 
complaint under sub-section (1)  or sub-section (2) of section 340, or against whom such a complaint has been made 
by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section 
(4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal 
of the complaint, or, as the case may be, making of the complaint which such former Court might have made under 
section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly. 

(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and 

shall not be subject to revision. 

342.  Power  to  order  costs.—Any  Court  dealing  with  an  application  made  to  it  for  filing  a  complaint  under 

section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just. 

1. Subs. by Act 2 of 2006, s. 6, for clause (b) (w.e.f. 16-4-2006). 

163 

 
 
                                                 
343.  Procedure  of  Magistrate  taking  cognizance.—(1)  A  Magistrate  to  whom  a  complaint  is  made  under 
section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to 
deal with the case as if it were instituted on a police report. 

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have 
been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the 
matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. 

344. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any judgment 
or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an 
opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence 
or had fabricated false evidence  with the  intention that  such evidence should be used in such proceeding, it or he 
may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily 
for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the 
offender  a  reasonable  opportunity  of  showing  cause  why  he  should  not  be  punished  for  such  offence,  try  such 
offender  summarily  and  sentence  him  to  imprisonment  for  a  term  which  may  extend  to  three  months,  or  to  fine 
which may extend to five hundred rupees, or with both. 

(2)  In  every  such  case  the  Court  shall  follow,  as  nearly  as  may  be  practicable,  the  procedure  prescribed  for 

summary trials. 

(3) Nothing in this section shall affect the  power of the  Court to make a complaint under section 340 for the 

offence, where it does not choose to proceed under this section. 

(4)  Where,  after  any  action  is  initiated  under  sub-section  (1),  it  is  made  to  appear  to  the  Court  of  Session  or 
Magistrate  of  the  first  class  that  an  appeal  or  an  application  for  revision  has  been  preferred  or  filed  against  the 
judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further 
proceedings  of  the  trial  until  the  disposal  of  the  appeal  or  the  application  for  revision,  as  the  case  may  be,  and 
thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. 

345.  Procedure  in  certain  cases  of  contempt.—(1)  When  any  such  offence  as  is  described  in  section  175, 
section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view 
or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, 
and may, at any time before the rising of the Court or the same day, take cognizance of the offence and, after giving 
the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence 
the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment 
for a term which may extend to one month, unless such fine be sooner paid. 

(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made 

by the offender, as well as the finding and sentence. 

 (3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature 
and  stage  of  the  judicial  proceeding  in  which  the  Court  interrupted  or  insulted  was  sitting,  and  the  nature  of  the 
interruption or insult. 

346.    Procedure  where  Court    considers  that  case  should  not  be  dealt  with  under  section  345.—(1)  If  the 
Court in any case considers that a person accused of any of the offences  referred to in section 345 and committed in its 
view  or  presence  should  be  imprisoned  otherwise  than  in  default  of  payment  of  fine,  or  that  a  fine  exceeding  two 
hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not 
be disposed of under section 345, such Court, after recording  the facts constituting the offence and the statement of the 
accused as hereinbefore provided, may forward  the case to a  Magistrate  having  jurisdiction  to try  the same, and 
may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is 
not given, shall forward such person in custody to such Magistrate. 

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may 

164 

 
be, as if it were instituted on a police report. 

347. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government so directs, 
any Registrar or any Sub-Registrar appointed under the 1*** Registration Act, 1908 (16 of 1908), shall be deemed to 
be a Civil Court within the meaning of sections 345 and 346. 

348. Discharge of offender on submission of apology.—When any Court has under section 345 adjudged an 
offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to 
do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its 
discretion,  discharge  the  offender  or  remit  the  punishment  on  his  submission  to  the  order  or  requisition  of  such 
Court, or on apology being made to its satisfaction. 

349. Imprisonment  or committal of person refusing to answer or produce document.—If any  witness or 
person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to 
him or to produce any document or thing in his possession or power which the Court requires him to produce, and 
does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, 
such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the 
hand of the  Presiding Magistrate  or Judge  commit  him to  the  custody of an officer of the Court  for any term  not 
exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the 
document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions 
of section 345 or section 346. 

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.—(1) 
If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and 
time  in  obedience  to  the  summons  and  without  just  excuse  neglects  or  refuses  to  attend  at  that  place  or  time  or 
departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court 
before  which  the  witness  is  to  appear  is  satisfied  that  it  is  expedient  in  the  interest  of  justice  that  such  a  witness 
should  be  tried  summarily,  the  Court  may  take  cognizance  of  the  offence  and  after  giving  the  offender  an 
opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding 
one hundred rupees. 

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for 

summary trials. 

351.  Appeals  from  convictions  under  sections  344,  345,  349  and  350.—(1)  Any  person  sentenced  by  any 
Court  other  than  a  High  Court  under  section  344,  section  345,  section  349,  or  section  350  may,  notwithstanding 
anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily 
appealable. 

(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, and 

the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. 

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions 

division within which such Court is situate. 

 (4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a 
direction issued under section 347 shall lie to the Court of Session for the sessions division within which the office 
of such Registrar or Sub-Registrar is situate. 

352.  Certain  Judges  and  Magistrates  not  to  try  certain  offences  when  committed  before  themselves.—
Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High 
Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed 
before  himself  or  in  contempt  of  his  authority,  or  is  brought  under  his  notice  as  such  Judge  or  Magistrate  in  the 
course of a judicial proceeding. 

1. The word “Indian” omitted by Act 56 of 1974, s. 3 and the Second Schedule (w.e.f. 20-12-1974). 

165 

 
                                                 
CHAPTER XXVII 

THE JUDGMENT 

353.  Judgment.—(1)  The  judgment  in  every  trial  in  any  Criminal  Court  or  original  jurisdiction  shall  be 
pronounced  in  open  Court  by  the  presiding  officer  immediately  after  the  termination  of  the  trial  or  at  some 
subsequent time of which notice shall be given to the parties or their pleaders,— 

(a) by delivering the whole of the judgment; or 

(b) by reading out the whole of the judgment; or  

(c)  by  reading  out  the  operative  part  of  the  judgment  and  explaining  the  substance  of  the  judgment  in  a 

language which is understood by the accused or his pleader. 

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be 
taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the 
date of the delivery of the judgment in open Court. 

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), 
as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his 
own hand, every page of the judgment shall be signed by him. 

(4)  Where  the  judgment  is  pronounced  in  the  manner  specified  in  clause  (c)  of  sub-section  (1),  the  whole 
judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free 
of cost. 

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced. 

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, 
except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or 
he is acquitted: 

Provided that, where there are more accused than one, and one or more of them do not attend the  Court on the 
date  on  which  the  judgment  is  to  be  pronounced,  the  presiding  officer  may,  in  order  to  avoid  undue  delay  in  the 
disposal of the case, pronounce the judgment notwithstanding their absence. 

 (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence 
of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, 
or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place. 

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465. 

Jharkhand  

STATE AMENDMENT 

Amendment of Section 353(5).-In Section 353(5) of Code of Criminal Procedure, 1973, in its application 
to the State of Jharkhand:- 

(i) If accused is in custody, he shall be brought up to hear the Judgement pronounced. After the 
words  “he  shall  be  brought  up”  the  word  “in  person  or  through  the  medium  of  electronic  video 
linkage” shall be inserted.  

[Vide Jharkhand Act 2 of 2016, s. 5] 

354. Language and contents of judgment.—(1) Except as otherwise expressly provided by this Code, every 

judgment referred to in section 353,— 

166 

 
(a) shall be written in the language of the Court; 

(b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; 

 (c) shall specify the offence (if any) of  which, and the section of the Indian Penal Code (45 of 1860) or 

other law under which, the accused is convicted, and the punishment to which he is sentenced; 

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that 

he be set at liberty. 

(2)  When  the  conviction  is  under  the  Indian  Penal  Code  (45  of  1860)  and  it  is  doubtful  under  which  of  two 
sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly 
express the same, and pass judgment in the alternative. 

(3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life 
or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case 
of sentence of death, the special reasons for such sentence. 

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the 
Court  imposes  a  sentence  of  imprisonment  for  a  term  of  less  than  three  months,  it  shall  record  its  reasons  for 
awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was 
tried summarily under the provisions of this Code. 

(5)  When  any  person  is  sentenced  to  death,  the  sentence  shall  direct  that  he  be  hanged  by  the  neck  till  he  is 

dead. 

(6) Every order under section 117 or sub-section  (2) of section 138 and every final order made under section 
125,  section  145  or  section  147  shall  contain  the  point  or  points  for  determination,  the  decision  thereon  and  the 
reasons for the decision. 

355.  Metropolitan  Magistrate's  judgment.—Instead  of  recording  a  judgment  in  the  manner  hereinbefore 

provided, a Metropolitan Magistrate shall record the following particulars, namely:— 

(a) the serial number of the case; 

(b) the date of the commission of the offence; 

(c) the name of the complainant (if any); 

(d) the name of the accused person, and his parentage and residence; 

(e) the offence complained of or proved; 

(f) the plea of the accused and his examination (if any);  

(g) the final order; 

(h) the date of such order;                                   

(i) in all cases in which an appeal lies from the final order either under section 373 or under sub-section (3) 

of section 374, a brief statement of the reasons for the decision. 

356.  Order  for  notifying  address  of  previously  convicted  offender.—(1)  When  any  person,  having  been 
convicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C 

167 

 
or section 489D 1[or section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for a 
term which may extend to seven years, or with fine, or with both)] of the Indian Penal Code (45 of 1860), or of any 
offence punishable under Chapter XII    1[or Chapter XVI]  or Chapter XVII of that Code,  with imprisonment for a 
term  of  three  years,  or  upwards,  is  again  convicted  of  any  offence  punishable  under  any  of  those  sections  or 
Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the 
second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also 
order that his residence and any change of, or absence from, such residence after release be notified as hereinafter 
provided for a term not exceeding five years from the date of the expiration of such sentence. 

 (2)  The  provisions  of  sub-section  (1)  with  reference  to  the  offences  named  therein,  apply  also  to  criminal 

conspiracies to commit such offences and to the abatement of such offences and attempts to commit them. 

(3) If such conviction is set aside on appeal or otherwise, such order shall become void. 

(4)  An  order  under  this  section  may  also  be  made  by  an  Appellate  Court  or  by  the  High  Court  or  Court  of 

Session when exercising its powers of revision. 

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to 

the notification of residence or change of, or absence from, residence by released convicts. 

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any 
such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him 
as his place of residence is situated. 

357. Order to pay compensation.—(1) When a  Court imposes a sentence of  fine or a  sentence (including a 
sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of 
the fine recovered to be applied— 

(a) in defraying the expenses of properly incurred in the prosecution; 

(b)  in  the  payment  to  any  person  of  compensation  for  any  loss  or  injury  caused  by  the  offence,  when 

compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; 

(c) when any person is convicted of any offence for having caused the death of another person or of having 
abetted  the  commission  of  such  an  offence,  in  paying  compensation  to  the  persons  who  are,  under  the  Fatal 
Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting 
to them from such death; 

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal 
breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in 
disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any 
bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the 
person entitled thereto. 

(2) If the fine is imposed in a case which is subject to appeal no such payment shall be made before the period 

allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. 

(3)  When  a  Court  imposes  a  sentence,  of  which  fine  does  not  form  a  part,  the  Court  may,  when  passing 
judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to 
the  person  who  has  suffered  any  loss  or  injury  by  reason  of  the  act  for  which  the  accused  person  has  been  so 
sentenced. 

(4)  An  order  under  this  section  may  also  be  made  by  an  Appellate  Court  or  by  the  High  Court  or  Court  of 

Session when exercising its powers of revision. 

1. Ins. by Act 25 of 2005, s. 29 (w.e.f. 23-6-2006). 

168 

 
                                                 
(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court  

shall take into account any sum paid or recovered as compensation under this section. 

STATE AMENDMENTS 

Karnataka 

Amendments of section 357. — 
In section 357 of the Code of Criminal Procedure 1973 (Central Act 2 of 1974).— 

(1) In section 357, in sub-section (1), after the words “the Court may” the brackets, figures and words 
“and  where  the  person  against  whom  an  offence  is  committed  belongs  to  a  Scheduled  Caste  or  a 
Scheduled  Tribe  as  defined  in  clauses  (24)  and  (25)  of Article  366 of  the  Constitution  and  the  accused 
person doesn’t belong to a Scheduled Caste or a Scheduled Tribe the Court shall”, shall be inserted: 

(2) for sub-section (3), the following sub-section shall be substituted, namely:— 

“(3)  When  a  Court  imposes  a  sentence  of  which  the  fine  does  not  form  a  part,  the  Court  may,  and 
where a person against whom an offence is committed belongs to a Scheduled Caste or a Scheduled Tribe 
as  defined  in  clauses  (24)  and  (25)  of article  366 of  the  Constitution  and  the  accused  person  does  not 
belong  to  a  Scheduled  Caste  or  a  Scheduled  Tribe,  the  Court  shall,  when  passing  judgment,  order  the 
accused  person  to  pay,  by  way  of  compensation,  such  amount  as  may  be  specified  in  the  order  to  the 
person who has suffered any loss or injury by reason of the act for which the accused person has been so 
sentenced”. 

[Vide Karnataka Act 27 of 1987, s. 2] 

Madhya Pradesh  

Amendment of section 357.—In section 357 of the Principal Act, — 

 (i) In sub-section (1), for the brackets, figure and words “(1) When a Court imposes a sentence of fine 
or  a sentence  (including  a sentence  of death) of  which  fine  forms  a  part, the  Court  may,  when  passing 
judgment, order the whole or any part of the fine recovered to be applied” the brackets, figure and words 
“(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine 
forms  a  part,  the  Court  may,  and  where  a  person  against  whom  an  offence  is  committed  belongs  to  
Scheduled  Castes  or  Scheduled  Tribes  as  defined  in  clauses  (24)  and  (25)  and  of  Article  366  of  the 
Constitution except when both the accused person and the person against whom an offence is committed 
belong cither to such Castes or Tribes, the Court shall, when passing judgment, order the whole or any 
part of the fine recovered to be applied—”shall be substituted; and 

(ii) for sub-section (3), the following sub-section shall be substituted, namely:— 

“(3) When Court imposes a sentence, of which fine does not form a part, the Court may, and where a 
person  against  whom  an  offence  is  committed  belongs  to  Scheduled  Castes  or  Scheduled  Tribes  as 
defined in clauses (24) and (25) of Article 366 of the Constitution, the Court shall when passing judgment 
order the accused person to pay, by way of compensation, such amount as may be specified in the order to 
the person who has suffered any loss or injury by reason of the act for which the accused person has been 
so sentenced: 

“Provided that the Court may not order the accused person to pay by way of compensation any amount 
if  both  the  accused  person  and  the  person  against  whom  an  offence  is  committed  belong  either  to  the 
Scheduled Castes or the Scheduled Tribes.” 

[Vide Madhya Pradesh Act 29 of 1978, s. 3.] 

169 

 
West Bengal 

In section 357 of the principal Act,—  

(a)  In  sub-section  (1),  for  the  words  and  brackets  “When  a  Court  imposes  a  sentence  of  fine  or  a 
sentence  including  a  (sentence  of  death)  of  which  fine  forms  a  part,  the  Court  may,  when  passing 
judgment,  order  the  whole  or  any  part  of  the  fine  recovered  to  be  applied—”,  the  words  and  brackets 
“When  a  Court  imposes  a  sentence  of  fine  or  a  sentence  (including  a  sentence of  death)  of  which  fine 
forms a part, the Court may, and where the person against whom an offence has been committed belongs 
to  Scheduled  Castes  or  Scheduled Tribes,  except  when  both the  accused  person  and  the  person  against 
whom  an  offence  has  been  committed  belong  either  to  Scheduled  Castes  or  to  Scheduled  Tribes  shall, 
when  passing  judgment,  order  the  whole  or  any  part  of  the  fine  recovered  to  be  applied—”  shall  be 
substituted; 

(b) for sub-section (3), the following sub-section shall be substituted, namely:— 

“(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, and where 
the  person  against  whom  an  offence  has  been  committed  belongs  to  Scheduled  Castes  or  Scheduled 
Tribes,  shall,  when  passing  judgment  order  the  accused  person  to  pay,  by  way  of  compensation,  such 
amount as may be specified in the order to the person who has suffered any loss or injury by reason of the 
act for which the accused person has been so sentenced: 

Provided that the Court may not order the accused person to pay by way of compensation, any amount 
if both the accused person and the person against whom an offence has been committed belong either to 
Scheduled Castes or to Scheduled Tribes.”; 

(c) after sub-section (5), the following Explanation shall be inserted:— 

‘Explanation.—For  the  purposes  of  the  section  the  expression  “Scheduled  Castes”  and  “Scheduled 
Tribes” shall have the meaning respectively assigned to them in clauses (24) and (25) of Article 366 of 
the Constitution of India.’.  

[Vide West Bengal Act 33 of 1985, s. 3.] 

Andhra Pradesh and Telangana 

 Amendment  of  section  357  Central  Act  2  of  1974.-In  the  Code  of  Criminal  Procedure,  1974  in  its 
application to the State of Andhra Pradesh, in section 357,- 

(i)  in  sub-section  (1),  after  the  words  “the  Court  may”,  the  expression  “and  where  a  person 
against whom an offence is committed belongs to Scheduled Castes or Scheduled Tribes as defined in 
clauses (24) and (25) of article 366 of the Constitution of India except when both the accused persons 
and the person against whom an offence is committed belong either to such castes or tribes, the Court 
shall, “ shall be inserted and  

(ii) for sub-section (3), the following sub-section shall be substituted, namely:-  

“(3) When a Court imposes a sentence of which fine does not form a part, the Court may, and 
where  a  person  against  whom  an  offence  is  committed  belongs  to  Scheduled  Castes  or  Scheduled 
Tribes as defined in clauses (24) and (25) of article 366 of the Constitution of India, the Court Shall, 
when passing judgment, order the accused person to pay, by way of compensation, such amount as 
may be specified in the order to the person who has suffered any loss or injury by reason of the act for 
which the accused person has been so sentenced: 

Provided  that the  Court  may  not  order  the  accused  person to  pay  by  way  of  compensation any 
amount,  if  both  the  accused  person  and  the  person  against  whom  an  offence  is  committed  belong 
either to the Scheduled Castes or the Scheduled Tribes. 

[Vide Andhra Pradesh Act 21 of 1993, s. 2] 

170 

 
Uttar Pradesh 

In section 357 of the Code of Criminal Procedure, 1973, — 

(a) in sub-section (1), after the clause (d), the following proviso shall be inserted, namely :— 

“Provided  that  if  a  person  who  may  receive  compensation  under  clauses  (b),  (c)  and  (d)  is  a 
member of the Scheduled Castes or the Scheduled Tribes and the person sentenced is not a member 
of  such  Castes  or  Tribes,  the  Court  shall  order  the  whole  or  any  part  of  the  fine  recovered  to  be 
applied in payment of such compensation.” 

[Vide Uttar Pradesh Act 17 of 1992, s. 2]  

1[357A.  Victim  compensation  scheme.—(1)  Every  State  Government  in  co-ordination  with  the  Central 
Government  shall  prepare  a  scheme  for  providing  funds  for  the  purpose  of  compensation  to  the  victim  or  his 
dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. 

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or 
the  State  Legal  Service  Authority,  as  the  case  may  be,  shall  decide  the  quantum  of  compensation  to  be  awarded 
under the scheme referred to in sub-section (1). 

(3)  If  the  trial  Court,  at  the  conclusion  of  the  trial,  is  satisfied,  that  the  compensation awarded 
under section 357 is  not  adequate  for such  rehabilitation,  or  where  the  cases  end  in  acquittal  or  discharge  and  the 
victim has to be rehabilitated, it may make recommendation for compensation. 

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the 
victim or his dependents may make an application to the State or the District Legal Services Authority for award of 
compensation. 

(5)  On  receipt  of  such  recommendations  or  on  the  application  under  sub-section  (4),  the  State  or  the  District 
Legal Services  Authority shall,  after due enquiry award adequate  compensation by completing the enquiry  within 
two months. 

(6)  The  State  or  the  District  Legal  Services  Authority,  as  the  case  may  be,  to  alleviate  the  suffering  of  the 
victim,  may  order  for  immediate  first-aid  facility  or  medical  benefits  to  be  made  available  free  of  cost  on  the 
certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the 
area concerned, or any other interim relief as the appropriate authority deems fit.] 

2[357B.  Compensation  to  be  in  addition  to  fine  under  section  326A  or  section  376D  of  Indian  Penal 
Code.—The compensation payable by the State Government under section 357A shall be in addition to the payment 
of fine to the victim  3[under section 326A, section 376AB, section 376D, section 376DA and section 376DB of the 
Indian Penal Code (45 of 1860)]. 

STATE AMENDMENT 

Arunachal Pradesh  
Amendment of section 357B.—In section 357B of the principal Act, for the words, figures and letters 
“section  326A  or  section  376D  of  the  Indian  Penal  Code”  the  words,  figures  ad  letters  “section  326A, 
376D or section 376DA of the Indian Penal Code” shall be substituted. 
[Vide Arunachal Pradesh Act 3 of 2019, s. 20] 

357C.  Treatment  of  victims.—All  hospitals,  public  or  private,  whether  run  by  the  Central  Government,  the 
State Government,  local bodies or any other person, shall immediately, provide the first-aid or medical treatment, 
free of cost,  to the victims of any offence covered  under section 326A, 376,  4[376A,  376AB,  376B, 376C, 376D, 
376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860), and shall immediately inform the police of 
such incident.] 

1. Ins. by Act 5 of 2009, s. 28 (w.e.f. 31-12-2009).  
2. Ins. by Act 13 of 2013, s. 23 (w.e.f. 3-2-2013).  
3. Subs. by Act 22 of 2018, s. 18, for “under section 326A or section 376D of the Indian Penal Code (45 of 1860)” (w.e.f. 21-4-

2018). 

4. Subs. by s. 19, ibid., for “376A, 376B, 376C, 376D” (w.e.f. 21-4-2018). 

171 

 
                                                 
STATE AMENDMENT 

Arunachal Pradesh  
Amendment of 21 section 357C.—In section 357C of the principal Act, for the words, figures and letters 
“section  326A,  376,  376A,  376B,  376C,  376D  or  section  376E  of  the  Indian  Penal  Code  “the  words, 
figures and letters “section 326A, 376AA, 376B, 376C, 376D, 376DA or section 376E of the Indian Penal 
Code” shall be substituted. 
[Vide Arunachal Pradesh Act 3 of 2019, s. 21] 

358. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a  police officer to 
arrest another person, if it appears to the Magistrate by  whom the case is heard that there was no sufficient ground 
for causing such arrest, the Magistrate may award such compensation, not exceeding  1[one thousand rupees], to be 
paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as 
the Magistrate thinks fit. 

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of 

them such compensation, not exceeding 5[one thousand rupees], as such Magistrate thinks fit. 

 (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so 
recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding 
thirty days as the Magistrate directs, unless such sum is sooner paid. 

359. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable offence 
is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him 
to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that 
in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such 
costs  may  include  any  expenses  incurred  in  respect  of  process-fees,  witnesses  and  pleader's  fees  which  the  Court 
may consider reasonable. 

(2)  An  order  under  this  section  may  also  be  made  by  an  Appellate  Court  or  by  the  High  Court  or  Court  of 

Session when exercising its powers of revision. 

360. Order to release on probation of good conduct or after admonition.—(1) When any person not under 
twenty-one  years  of  age  is  convicted  of  an  offence  punishable  with  fine  only  or  with  imprisonment  for  a  term  of 
seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not 
punishable  with  death  or  imprisonment  for  life,  and  no  previous  conviction  is  proved  against  the  offender,  if  it 
appears  to  the  Court  before  which  he  is  convicted,  regard  being  had  to  the  age,  character  or  antecedents  of  the 
offender, and to the circumstances in which the offence was committed, that it is expedient that  the  offender should 
be  released  on  probation  of  good  conduct,    the  Court  may,  instead  of  sentencing  him  at  once  to  any  punishment, 
direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when 
called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the 
peace and be of good behaviour: 

Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered 
by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he 
shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the 
accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner 
provided by sub-section (2). 

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate 
may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been 
heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may  make such 
inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. 

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating 
or any offence under the Indian Penal Code (45 of 1860), punishable with not more than two years, imprisonment or 
any offence punishable with fine only and no previous conviction is proved against him, the Court before which he 
is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition 
of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was 

1. Subs. by Act 25 of 2005, s. 30, for “one hundred rupees” (w.e.f. 23-6-2006). 

172 

 
                                                 
committed, instead of sentencing him to any punishment, release him after due admonition. 

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session 

when exercising its powers of revision. 

(5)  When  an  order  has  been  made  under  this  section  in  respect  of  any  offender,  the  High  Court  or  Court  of 
Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set 
aside such order, and in lieu thereof pass sentence on such offender according to law: 

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater punishment 

than might have been inflicted by the Court by which the offender was convicted. 

(6) The provisions of sections 121, 124 and 373 shall, so far as may be, apply in the case of sureties offered in 

pursuance of the provisions of this section. 

(7)  The  Court,  before  directing  the  release  of  an  offender  under  sub-section  (1),  shall  be  satisfied  that  an 
offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts 
or in which the offender is likely to live during the period named for the observance of the conditions. 

 (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of 
his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it 
may issue a warrant for his apprehension. 

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the 
warrant,  and  such  Court  may  either  remand  him  in  custody  until  the  case  is  heard  or  admit  him  to  bail  with  a 
sufficient  surety  conditioned  on  his  appearing  for  sentence  and  such  Court  may,  after  hearing  the  case,  pass 
sentence. 

(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or 
the  Children  Act,  1960  (60  of  1960)  or  any  other  law  for  the  time  being  in  force  for  the  treatment,  training  or 
rehabilitation of youthful offenders.  

361. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt with,— 

(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958 

(20 of 1958); or 

 (b) a youthful offender under the Children Act, 1960 (60 of 1960) or any other law for the time being in 

force for the treatment, training or rehabilitation of youthful offenders,  

but has not done so, it shall record in its judgment the special reasons for not having done so. 

362. Court not to alter judgment.—Save as otherwise provided by this Code or by any other law for the time 
being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the 
same except to correct a clerical or arithmetical error. 

363. Copy of judgment to be given to the accused and other persons.—(1) When the accused is sentenced to 
imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him 
free of cost. 

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in 
his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy 
shall, in every case where the judgment is appealable by the accused, be given free of cost: 

Provided  that  where  a  sentence  of  death  is  passed  or  confirmed  by  the  High  Court,  a  certified  copy  of  the 

judgment shall be immediately given to the accused free of cost whether or not he applies for the same. 

(3)  The  provisions  of  sub-section  (2)  shall  apply  in  relation  to  an  order  under  section  117  as  they  apply  in 

relation to a judgment which is appealable by the accused. 

173 

 
(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the 

Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. 

(5)  Save  as  otherwise  provided  in  sub-section  (2),  any  person  affected  by  a  judgment  or  order  passed  by  a 
Criminal  Court shall, on an application  made  in this behalf and on payment of the prescribed charges, be given a 
copy of such judgment or order or of any deposition or other part of the record: 

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost. 

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court 
to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to 
such conditions, as the High Court may, by such rules, provide. 

Karnataka 

STATE AMENDMENT 

Amendment of section 363.- In section 363 of the Code of Criminal Procedure, 1973 (Central Act of 

1974), after the proviso to sub-section (5), the following proviso shall be inserted, namely:— 

“Provided further that the State shall, on an application made in this behalf by the Prosecuting Officer 
be given, free of cost, a certified copy of such judgement, order, deposition or record with the prescribed 
endorsement”. 

[Vide Karnataka Act 19 of 1985, s. 2.] 

364.  Judgment  when  to  be  translated.—The  original  judgment  shall  be  filed  with  the  record  of  the 
proceedings and  where the original is recorded in a language different  from that of the  Court,  and the accused so 
requires, a translation thereof into the language of the Court shall be added to such record. 

365. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried by the Court 
of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its 
or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. 

CHAPTER XXVIII 

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 

366.  Sentence  of  death  to  be  submitted  by  Court  of  Session  for  confirmation.—(1)  When  the  Court  of 
Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not 
be executed unless it is confirmed by the High Court. 

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. 

367. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when such 
proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence 
taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take 
such evidence itself, or direct it to be made or taken by the Court of Session. 

 (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when 

such inquiry is made or such evidence is taken. 

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or 

evidence shall be certified to such Court. 

368.  Power  of  High  Court  to  confirm  sentence  or  annul  conviction.—In  any  case  submitted  under                   

section 366, the High Court— 

174 

 
 
 
 
(a) may confirm the sentence, or pass any other sentence warranted by law, or 

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might 

have convicted him, or order a new trial on the same or an amended charge, or 

(c) may acquit the accused person: 

Provided that no order of confirmation shall be made under this section until the period allowed for preferring an 

appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. 

369.  Confirmation  or  new  sentence  to  be  signed  by  two  Judges.—In  every  case  so  submitted,  the 
confirmation  of  the  sentence,  or  any  new  sentence  or  order  passed  by  the  High  Court,  shall,  when  such  Court 
consists of two or more Judges, be made, passed and signed by at least two of them. 

370. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of Judges and 

such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392. 

371.  Procedure  in  cases  submitted  to  High  Court  for  confirmation.—In  cases  submitted  by  the  Court  of 
Session to the High  Court  for the confirmation of a  sentence of death, the  proper officer of the  High  Court shall, 
without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the 
order, under the seal of the High Court and attested with his official signature, to the Court of Session. 

CHAPTER XXIX 

APPEALS 

372.  No  appeal  to  lie  unless  otherwise  provided.—No  appeal  shall  lie  from  any  judgment  or  order  of  a 

Criminal Court except as provided for by this Code by any other law for the time being in force: 

1[Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting 
the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the 
Court to which an appeal ordinarily lies against the order of conviction of such Court.] 

373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or 

good behaviour.—Any person,— 

(i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or 

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121, 

may appeal against such order to the Court of Session:  

Provided  that  nothing  in  this  section  shall  apply  to  persons  the  proceedings  against  whom  are  laid  before  a 

Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122. 

374. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its extraordinary 

original criminal jurisdiction may appeal to the Supreme Court. 

 (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held 
by any other court in which a sentence of imprisonment for more  than seven years 2[has been passed against him or 
against any other person convicted at the same trial], may appeal to the High Court. 

(3) Save as otherwise provided in sub-section (2), any person,— 

1. Ins. by Act 5 of 2009, s. 29 (w.e.f. 31-12-2009).  
2. Subs. by Act 45 of 1978, s. 28, for “has been passed”  (w.e.f. 18-12-1978).  

175 

 
                                                 
(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the 

first class, or of the second class, or 

(b) sentenced under section 325, or 

(c)  in  respect  of  whom  an  order  has  been  made  or  a  sentence  has  been  passed  under  section  360  by  any 

Magistrate,   

may appeal to the Court of Session. 

1[(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, 
section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code 
(45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal.] 

Assam 

STATE AMENDMENT 

In  Section  374  of  the  Code,  in  clause  (a)  of  sub-section  (3),  for  the  words  “Magistrate  of  the  first 
class,  or  of  the  second  class,”  the  words  “Magistrate  of  the  first  class,  Executive  Magistrate  or  a 
Magistrate of the second class,” shall be substituted. 

[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] 

Manipur 

In section 374 of the Code, in clause (a) of sub-section (3) for the words “Magistrate of the first class or 
of the second class the words “Magistrate of the first class, Specified Executive Magistrate or Magistrate 
of the second class” shall be substituted.  

[Vide Manipur Act 3 of 1985, s. 4(2) and The Schedule] 

375. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything contained in section 

374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— 

(a) if the conviction is by a High Court; or 

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second 

class, except as to the extent or legality of the sentence. 

376. No appeal in petty cases.—Notwithstanding anything contained in section 374, there shall be no appeal 

by a convicted person in any of the following cases, namely:— 

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of 

fine not exceeding one thousand rupees, or of both such imprisonment and fine; 

(b)  where  a  Court  of  Session  or  a  Metropolitan  Magistrate  passes  only  a  sentence  of  imprisonment  for  a 
term not exceeding three  months or of fine not exceeding two hundred rupees, or of both such imprisonment 
and fine; 

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or 

(d)  where,  in  a  case  tried  summarily,  a  Magistrate  empowered  to  act  under  section  260  passes  only  a 

sentence of fine not exceeding two hundred rupees: 

Provided that an appeal may be brought against such sentence if any other punishment is combined with it, but 

such sentence shall not be appealable merely on the ground— 

(i) that the person convicted is ordered to furnish security to keep the peace; or 

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or 

1. Ins. by Act 22 of 2018, s. 20 (w.e.f. 21-4-2018). 

176 

 
                                                 
(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not 

exceed the amount hereinbefore specified in respect of the case. 

377. Appeal by the State Government against sentence.—(1) Save as otherwise provided in sub-section (2), 
the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the 
Public Prosecutor to present 1[an appeal against the sentence on the ground of its inadequacy— 

(a) to the Court of Session, if the sentence is passed by the Magistrate; and 

 (b) to the High Court, if the sentence is passed by any other Court.] 

(2)  If  such  conviction  is  in  a  case  in  which  the  offence  has  been  investigated  by  the  Delhi  Special  Police 
Establishment,  constituted  under  the  Delhi  Special  Police  Establishment  Act,  1946  (25  of  1946),  or  by  any  other 
agency empowered to make investigation into an offence under any Central Act other than  this Code,  2[the Central 
Government may also direct] the Public Prosecutor to present  1[an appeal against the sentence on the ground of its 
inadequacy— 

(a) to the Court of Session, if the sentence is passed by the Magistrate; and 

(b) to the High Court, if the sentence is passed by any other Court]. 

(3) When an appeal has been filed against the sentence on the ground of its inadequacy,  3[the Court of Session 
or,  as  the  case  may  be,  the  High  Court]  shall  not  enhance  the  sentence  except  after  giving  to  the  accused  a 
reasonable  opportunity  of  showing  cause  against  such  enhancement  and  while  showing  cause,  the  accused  may 
plead for his acquittal or for the reduction of the sentence. 

4[(4) When an appeal has been filed against a sentence passed under section 376, section 376A, section 376AB, 
section 376B, section 376C, section 376D, section 376DA, section 376DB or section 376E of the Indian Penal Code 
(45 of 1860), the appeal shall be disposed of within a period of six months from the date of filing of such appeal. 

378.  Appeal  in  case  of  acquittal.—5[(1)  Save  as  otherwise  provided  in  sub-section  (2),  and  subject  to  the 

provisions of sub-sections (3) and (5),— 

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of 

Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; 

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High 
Court from an original or appellate order of acquittal passed by any Court other than a High Court [not being an 
order under clause (a)] or an order of acquittal passed by the Court of Session in revision.] 

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi 
Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by 
any other agency empowered to make investigation into an offence under any Central Act other than this Code,  6[the 
Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an 
appeal— 

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and 

non-bailable offence; 

 (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a 
High  Court  [not  being  an  order  under  clause  (a)]  or  an  order  of  acquittal  passed  by  the  Court  of  Session  in 
revision]. 

1. Subs. by Act 25 of 2005, s. 31, for certain words (w.e.f. 23-6-2006). 
2. Subs. by Act 45 of 1978, s. 29, for certain words (w.e.f. 18-12-1978).  
3. Subs. by s. 31, ibid., for “the High Court” (w.e.f. 23-6-2006). 
4. Subs. by Act 22 of 2018, s. 21 (w.e.f. 21-4-2018). 
5. Subs. by Act 25 of 2005, s. 32, for sub-section (1) (w.e.f. 23-6-2006). 
6. Subs. by Act 25 of 2005, s. 32, for certain words (w.e.f. 23-6-2006). 

177 

 
                                                 
(3) 1[No appeal to the High Court] under sub-section (1) or sub-section (2) shall be entertained except with the 

leave of the High Court. 

(4)  If  such  an  order  of  acquittal  is  passed  in  any  case  instituted  upon  complaint  and  the  High  Court,  on  an 
application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, 
the complainant may present such an appeal to the High Court. 

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall 
be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty 
days in every other case, computed from the date of that order of acquittal. 

 (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of 

acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). 

379.  Appeal  against  conviction  by  High  Court  in  certain  cases.—Where  the  High  Court  has,  on  appeal, 
reversed  an  order  of  acquittal  of  an  accused  person  and  convicted  him  and  sentenced  him  to  death  or  to 
imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. 

380.  Special  right  of  appeal  in  certain  cases.—Notwithstanding  anything  contained  in  this  Chapter,  when 
more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of 
any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. 

381. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an appeal to the 

Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: 

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard 

and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. 

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such 
appeals  as  the  Sessions  Judge  of  the  division  may,  by  general  or  special  order,  make  over  to  him  or  as  the  High 
Court may, by special order, direct him to hear. 

382.  Petition  of  appeal.—Every  appeal  shall  be  made  in  the  form  of  a  petition  in  writing  presented  by  the 
appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be 
accompanied by a copy of the judgment or order appealed against. 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

STATE AMENDMENT 

Section  382  shall  be  re-numbered  as  sub-section  (1)  of  that  section,  and  sub-section  (1)  as  so                       

re-numbered, the following provisos and Explanation shall be added, namely: — 

“Provided that where it is not practicable to file the petition of appeal to the proper Appellate Court, 
the petition of appeal may be presented to the Administrator or to an Executive Magistrate, not below the 
rank of Sub-Divisional Magistrate, who shall forward the same to the proper Appellate Court; and, when 
any such appeal is presented to the Administrator or to an Executive Magistrate, he shall record thereon 
the date of its  date of presentation and, if he is satisfied that, by reason of the weather, transport or other 
difficulties, it is not possible for the appellant to obtain, from the proper Appellate Court, orders for the 
suspension of sentence or for bail, he may, in respect of such appeal, or an appeal forwarded to him under 
section 383, exercise all or any of the powers of the proper Appellate Court and sub-section (1) of section 
389 with regard to suspension of sentence or release of a convicted person on bail: 

Provided  further  that  the  order  so  made  by  Administrator  or  the  Executive  Magistrate  shall  have 

1. Subs. by Act 25 of 2005,  s. 32,  for “No appeal” (w.e.f. 23-6-2006). 

178 

 
 
 
                                                 
effect until it is reversed or modified by the proper Appellate Court. 

Explanation:—For the purposes of the provisos to this section, and section 383,  ‘Administrator’, in 
relation to a Union territory means the Administrator appointed by the President under article 239 of the 
Constitution, for that Union territory.”; 

In  section  382  after  sub-section  (1)  as  so  re-numbered,  the  following  sub-section  shall  be  inserted, 

namely:— 

“(2)  For  purposes  of  computation  of  the  period  of  limitation,  and  for  all  other  purposes,  an  appeal 
presented  to  an  Administrator  or  an  Executive  Magistrate  under  sub-section  (1)  or  as  the  case  may  be, 
under section 383, shall be deemed to be an appeal presented to the proper Appellate Court.”; 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 5.] 

383. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition of appeal and 
the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and 
copies to the proper Appellate Court. 

STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

In section 383, the following words shall be inserted at the end, namely: — 

“or if, by reason of the weather, transport or other difficulties, it is not possible to forward them to the 
proper  Appellate  Court  they  shall  be  forwarded  to  the  Administrator  or  an  Executive  Magistrate,  not 
below the rank of a Sub-Divisional Magistrate, who shall, on receipt of such petition of appeal and copies, 
record thereon the date of receipt thereof and thereafter forward the same to the proper Appellate Court.”. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] 

384. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the judgment 
received  under  section  382  or  section  383,  the  Appellate  Court  considers  that  there  is  no  sufficient  ground  for 
interfering, it may dismiss the appeal summarily: 

Provided that— 

(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a 

reasonable opportunity of being heard in support of the same; 

(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable 
opportunity  of  being  heard  in  support  of  the  same,  unless  the  Appellate  Court  considers  that  the  appeal  is 
frivolous or that the production of the accused in custody before the Court would involve such inconvenience as 
would be disproportionate in the circumstances of the case; 

 (c)  no  appeal  presented  under  section  383  shall  be  dismissed  summarily  until  the  period  allowed  for 

preferring such appeal has expired. 

(2) Before dismissing an appeal under this section, the Court may call for the record of the case. 

(3)  Where  the  Appellate  Court  dismissing  an  appeal  under  this  section  is  a  Court  of  Session  or  of  the  Chief 

Judicial Magistrate, it shall record its reasons for doing so.  

(4)  Where  an  appeal  presented  under  section  383  has  been  dismissed  summarily  under  this  section  and  the 
Appellate  Court  finds  that  another  petition  of  appeal  duly  presented  under  section  382  on  behalf  of  the  same 
appellant  has  not  been  considered  by  it,  that  Court  may,  notwithstanding  anything  contained  in  section  393,  if 

179 

 
satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with 
law. 

385. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not dismiss 

the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— 

(i) to the appellant or his pleader;  

(ii) to such officer as the State Government may appoint in this behalf; 

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; 

(iv)  if  the  appeal  is  under  section  377 or  section  378,  to  the  accused,  and  shall  also  furnish  such  officer, 

complainant and accused with a copy of the grounds of appeal. 

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that 

Court, and hear the parties: 

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the 

appeal without sending for the record. 

(3) Where  the  only  ground  for  appeal  from  a  conviction  is  the  alleged  severity  of  the  sentence,  the  appellant 

shall not, except with the leave of the Court, urge or be heard in support of any other ground. 

386. Powers of the Appellate Court.—After perusing such record and hearing the appellant or his pleader, if 
he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the 
accused,  if  he  appears,  the  Appellate  Court  may,  if  it  considers  that  there  is  no  sufficient  ground  for  interfering, 
dismiss the appeal, or may— 

(a) in an appeal from an order or acquittal, reverse such order and direct that further inquiry be made, or 
that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on 
him according to law; 

(b) in an appeal from a conviction—  

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a 

Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or 

(ii) alter the finding, maintaining the sentence, or  

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the 

sentence, but not so as to enhance the same— 

(c) in an appeal for enhancement of sentence— 

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a 

Court competent to try the offence, or 

(ii) alter the finding maintaining the sentence, or 

 (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the 

sentence, so as to enhance or reduce the same; 

(d) in an appeal from any other order, alter or reverse such order; 

(e) make any amendment or any consequential or incidental order that may be just or proper: 

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause 

against such enhancement: 

Provided  further  that  the  Appellate  Court  shall  not  inflict  greater  punishment  for  the  offence  which  in  its 

180 

 
opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or 
sentence under appeal. 

387. Judgments of Subordinate Appellate Court.—The rules contained in Chapter XXVII as to the judgment 
of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a 
Court of Session or Chief Judicial Magistrate: 

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to 

attend, to hear  judgment delivered. 

388.  Order  of  High  Court  on  appeal  to  be  certified  to  lower  Court.—(1)  Whenever  a  case  is  decided  on 
appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, 
sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other 
than  the  Chief  Judicial  Magistrate,  the  High  Court's  judgment  or  order  shall  be  sent  through  the  Chief  Judicial 
Magistrate, and if such Court is that of an Executive Magistrate, the High Court’s judgment or order shall be sent 
through the District Magistrate. 

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are 
conformable  to  the  judgment  or  order  of  the  High  Court;  and  if  necessary,  the  record  shall  be  amended  in 
accordance therewith. 

389. Suspension of sentence pending the appeal; release of appellant on bail.—(1) Pending any appeal by a 
convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the 
sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on 
his own bond:  

1[Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is 
convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten 
years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: 

Provided  further  that  in  cases  where  a  convicted  person  is  released  on  bail  it  shall  be  open  to  the  Public 

Prosecutor to file an application for the cancellation of the bail.] 

(2) The power conferred by this section on a Appellate Court may be exercised also by the High Court in the 

case of an appeal by a convicted person to a Court subordinate thereto. 

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, 

the Court shall,— 

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or 

(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,  

order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as 
will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and 
the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. 

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time 

during which he is so released shall be excluded in computing the term for which he is so sentenced. 

390. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 378, the High 
Court may issue a warrant directing that the accused be arrested and brought before it or any Subordinate Court, and 
the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to 
bail. 

391. Appellate Court  may take further evidence or  direct it to be taken.—(1) In dealing  with any appeal 
under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and 
may either take such evidence itself, or direct it to be taken by a Magistrate  or, when the Appellate Court is a High 
Court, by a Court of Session or a Magistrate. 

1. Ins. by Act 25 of 2005, s. 33 (w.e.f. 23-6-2006). 

181 

 
                                                 
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such 

evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. 

(3) The accused or his pleader shall have the right to be present when the additional evidence is taken. 

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an 

inquiry. 

392. Procedure where Judges of Court of Appeal are equally divided.—When an appeal under this Chapter 
is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, 
shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his 
opinion, and the judgment or order shall follow that opinion: 

Provided  that  if  one  of  the  Judges  constituting  the  Bench,  or,  where  the  appeal  is  laid  before  another  Judge 

under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges. 

393. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate Court upon 
an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 
or Chapter XXX: 

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court 

may hear and dispose of, on the merits,— 

(a) an appeal against acquittal under section 378, arising out of the same case, or 

(b) an appeal for the enhancement of sentence under section 377, arising out of the same case. 

394. Abatement of appeals.—(1) Every other appeal under section 377 or section 378 shall finally abate on the 

death of the accused. 

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the 

death of the appellant: 

Provided  that  where  the  appeal  is  against  a  conviction  and  sentence  of  death  or  of  imprisonment,  and  the 
appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the 
appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not 
abate. 

Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or sister.  

CHAPTER XXX 

REFERENCE AND REVISION 

395.  Reference  to  High  Court.—(1)  Where  any  Court  is  satisfied  that  a  case  pending  before  it  involves  a 
question as to the validity of any Act, Ordinance or Regulation or of any provision contained  in an  Act, Ordinance 
or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such  Act, 
Ordinance,  Regulation  or  provision  is  invalid  or  inoperative,  but  has  not  been  so  declared  by  the  High  Court  to 
which that Court is Subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the 
reasons therefor, and refer the same for the decision of the High Court. 

Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 

(10 of 1897), or in the General Clauses Act of a State. 

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or 
him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of 
law arising in the hearing of such case. 

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the 

182 

 
decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called 
upon. 

396. Disposal of case according to decision of High Court.—(1) When a question has been so referred, the 
High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court 
by which the reference was made, which shall dispose of the case conformably to the said order. 

(2) The High Court may direct by whom the costs of such reference shall be paid. 

397. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge may call 
for  and  examine  the  record  of  any  proceeding  before  any  inferior  Criminal  Court  situate  within  its  or  his  local 
jurisdiction  for  the  purpose  of  satisfying  itself  or  himself;  to  the  correctness,  legality  or  propriety  of  any  finding, 
sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, 
when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is 
in confinement that he be released on bail or on his own bond pending the examination of the record. 

Explanation.—All  Magistrates,  whether  Executive  or  Judicial,  and  whether  exercising  original  or  appellate 

jurisdiction,  shall  be  deemed  to  be  inferior  to  the  Sessions  Judge  for  the  purposes  of  this  sub-section  and  of              
section 398. 

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory 

order passed in any appeal, inquiry, trial or other proceeding. 

(3) If an application under this section has been made by any person either to the High Court or to the Sessions 

Judge, no further application by the same person shall be entertained by the other of them. 

398. Power to order inquiry.—On examining any record under section 397 or otherwise, the High Court or the 
Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him 
to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further 
inquiry into any complaint which has been dismissed under section 203 or sub-section (4) of section 204, or into the 
case of any person accused of an offence who has been discharged: 

Provided that no Court shall make any direction under this section for inquiry into the case of any person who 
has been discharged unless such person has had an opportunity of showing cause why such direction should not be 
made. 

399.  Sessions  Judge's  powers  of  revision.—(1)  In  the  case  of  any  proceeding  the  record  of  which  has  been 
called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High 
Court under sub-section (1) of section 401. 

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the 
provisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and 
references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. 

(3) Where  any  application  for  revision  is  made  by  or  on  behalf  of  any  person  before  the  Sessions  Judge,  the 
decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of 
revision at the instance of such person shall be entertained by the High Court or any other Court. 

400. Power of Additional Sessions Judge.—An Additional Sessions Judge shall have and may exercise all the 
powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under 
any general or special order of the Sessions Judge. 

401. High Court's powers of revision.—(1) In the case of any proceeding the record of which has been called 
for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the 
powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, 
and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of 
in the manner provided by section 392. 

183 

 
(2)  No order under this section shall be made to the prejudice of the accused or other person unless he has had 

an opportunity of being heard either personally or by pleader in his own defence. 

 (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one 

conviction. 

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be 

entertained at the instance of the party who could have appealed. 

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by 
any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal 
lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for 
revision as a petition of appeal and deal with the same accordingly. 

402.  Power  of  High  Court  to  withdraw  or  transfer  revision  cases.—(1)  Whenever  one  or  more  persons 
convicted at the same trial makes or make application to a High Court for revision and any  other person  convicted at 
the same trial makes an  application to the Sessions Judge for revision, the High Court shall decide, having regard to the 
general convenience  of the   parties  and  the importance of  the questions involved,  which of the  two  Courts   should  
finally dispose of the applications for revision and when the High Court decides that all the applications for revision 
should  be  disposed  of  by    itself,  the  High  Court  shall  direct  that  the  applications  for  revision    pending  before  the  
Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the 
applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge. 

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same 

as if it were an application duly made before itself. 

(3) Whenever  any  application  for  revision  is  transferred  to  the  Sessions  Judge,  that  Judge  shall  deal  with  the 

same as if it were an application duly made before himself. 

(4)  Where  an  application  for  revision  is  transferred  by  the  High  Court  to  the  Sessions  Judge,  no  further 
application  for  revision  shall  lie  to  the  High  Court  or  to  any  other  Court  at  the  instance  of  the  person  or  persons 
whose applications for revision have been disposed of by the Sessions Judge. 

403. Option of Court to hear parties.—Save as otherwise expressly provided by this Code, no party has any 
right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court 
may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader. 

404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court.—
When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session 
under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or 
order  and  any  facts  which  he  thinks  material  to  the  issue,  and  that  Court  shall  consider  such  statement  before 
overruling or setting aside the said decision or order. 

405. High Court's order to be certified to lower Court.—When a case is revised under this Chapter by the 
High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order to 
the  Court  by  which  the  finding,  sentence  or  order  revised  was  recorded  or  passed,  and  the  Court  to  which  the 
decision or order is so certified shall thereupon  make such orders as are conformable to the decision so certified, 
and, if necessary, the record shall be amended in accordance therewith. 

CHAPTER XXXI 

TRANSFER OF CRIMINAL CASES 

406.  Power  of  Supreme  Court  to  transfer  cases  and  appeals.—(1)  Whenever  it  is  made  to  appear  to  the 
Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular 

184 

 
case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to 
one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. 

 (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or 
of a party interested, and every such application shall be made by motion, which shall, except when the applicant is 
the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. 

(3) Where  any application  for the exercise of the powers conferred by this  section  is dismissed, the  Supreme 
Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way  of 
compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may 
consider appropriate in the circumstances of the case. 

407.  Power of  High  Court  to  transfer  cases  and  appeals.—(1)  Whenever  it  is  made  to  appear  to  the  High 

Court— 

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or 

(b) that some question of law of unusual difficulty is likely to arise, or 

(c)  that  an  order  under  this  section  is  required  by  any  provision  of  this  Code,  or  will  tend  to  the  general 

convenience of the parties or witnesses, or is expedient for the ends of justice, 

it may order— 

(i)  that  any  offence  be  inquired  into  or  tried  by  any  Court  not  qualified  under  sections  177  to  185  (both 

inclusive), but in other respects competent to inquire into or try such offence; 

(ii)  that  any  particular  case  or  appeal,  or  class  of  cases  or  appeals,  be  transferred  from  a  Criminal  Court 

subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; 

(iii) that any particular case be committed for trial to a Court of Session; or 

(iv) that any particular case or appeal be transferred to and tried before itself. 

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or 

on its own initiative: 

Provided  that  no  application  shall  lie  to  the  High  Court  for  transferring  a  case  from  one  Criminal  Court  to 
another Criminal Court in the same sessions division, unless an application for such transfer has been made to the 
Sessions Judge and rejected by him. 

(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the 

applicant is the Advocate-General of the State, be supported by affidavit or affirmation. 

(4)  When  such  application  is  made  by  an  accused  person,  the  High  Court  may  direct  him  to  execute                    

a  bond,  with  or  without  sureties,  for  the  payment  of  any  compensation  which  the  High  Court  may  award  under              
sub-section (7). 

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the 
application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the 
applications unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the 
application. 

 (6) Where the application is for the transfer of a case or appeal from any Subordinate  Court, the High Court 
may, if it is  satisfied that it is necessary  so to do in the interest of Justice, order that, pending the disposal of the 
application the proceedings in the Subordinate Court shall be stayed, on such terms as the High Court may think fit 
to impose: 

185 

 
Provided that such stay shall not affect the Subordinate Court’s power of remand under section 309. 

 (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion 
that  the  application  was  frivolous  or  vexatious,  order  the  applicant  to  pay  by  way  of  compensation  to  any  person 
who  has  opposed  the  application  such  sum  not  exceeding  one  thousand  rupees  as  it  may  consider  proper  in  the 
circumstances of the case. 

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before 
itself, it  shall observe in  such trial the same  procedure  which that  Court  would have observed if  the case  had not 
been so transferred. 

(9) Nothing in this section shall be deemed to affect any order of Government under section 197. 

408.  Power  of  Sessions  Judge  to  transfer  cases  and  appeals.—(1)  Whenever  it  is  made  to  appear  to  a 
Sessions  Judge  that  an  order  under  this  sub-section  is  expedient  for  the  ends  of  justice,  he  may  order  that  any 
particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.  

(2)  The  Sessions  Judge  may  act  either  on  the  report  of  the  lower  Court,  or  on  the  application  of  a  party 

interested, or on his own initiative. 

(3)  The  provisions  of  sub-sections  (3),  (4),  (5),  (6),  (7)  and  (9)  of  section  407  shall  apply  in  relation  to  an 
application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the 
High  Court  for  an  order  under  sub-section  (1)  of  section  407,  except  that  sub-section  (7)  of  that  section  shall  so 
apply as if for the words  “one thousand rupees” occurring therein, the words  “two hundred and fifty rupees” were 
substituted. 

STATE AMENDMENT 

Kerala  
Amendment of section 408. —In section 408 of the principal Act, for the words “any other Magistrate”, the 
words “other Magistrate of the first class”, and for the words “any Magistrate” the words “a Magistrate of the first 
class”, shall be substituted. 

[Vide Kerala Act 5 of 1957, s. 3] 

409. Withdrawal of cases and appeals by Session Judge.—(1) A Sessions Judge may withdraw any case or 
appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial 
Magistrate subordinate to him. 

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional 
Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions 
Judge. 

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may 
either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of 
this Code to another Court for trial or hearing, as the case may be. 

Kerala  

STATE AMENDMENT 

Substitution of new section for section 409. —For section 409 of the principal Act, the following section shall 

be substituted, namely:— 

409. Appeals to Court of Section how heard.—An appeal to the Court of Session or Sessions Judge shall 

be heard by the Sessions Judge or by an Additional Sessions Judge: 

Provided  that  an  Additional  Sessions  Judge  shall  hear  only  such  appeals  as  the  State  Government  may,  by 

186 

 
general or special order, direct or as the Sessions Judge of the division may make over to him. 

[Vide Kerala Act 5 of 1957, s. 4.] 

410. Withdrawal of cases by Judicial Magistrate.—(1) Any Chief Judicial Magistrate may withdraw any case 
from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try 
such case  himself, or refer it  for inquiry or trial to any other such Magistrate  competent to inquire into or try the 
same. 

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any 

other Magistrate and may inquire into or try such cases himself. 

411.  Making  over  or  withdrawal  of  cases  by  Executive  Magistrates.—Any  District  Magistrate  or                   

Sub- Divisional Magistrate may— 

(a)  make  over,  for  disposal,  any  proceeding  which  has  been  started  before  him,  to  any  Magistrate 

subordinate to him; 

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to 

him, and dispose of such proceeding himself  or refer it for disposal to any other Magistrate. 

412.  Reasons  to  be  recorded.—A  Sessions  Judge  or  Magistrate  making  an  order  under  section  408,  section 

409, section 410 or section 411 shall record his reasons for making it. 

CHAPTER XXXII 

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES 

A.—Death Sentences 

413.  Execution  of  order  passed  under  section  368.—When  in  a  case  submitted  to  the  High  Court  for  the 
confirmation of a sentence of death, the  Court of Session receives the order of confirmation or other order of the 
High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps 
as may be necessary. 

414. Execution of sentence of death passed by High Court.—When a sentence of death is passed by the High 
Court  in  appeal  or  in  revision,  the  Court  of  Session  shall,  on  receiving  the  order  of  the  High  Court,  cause  the 
sentence to be carried into effect by issuing a warrant. 

415. Postponement of execution of sentence of death in  case of appeal to Supreme  Court.—(1) Where  a 
person is sentenced to death  by the High Court and an appeal from its judgment lies to the Supreme Court under 
sub-clause  (a)  or  sub-clause  (b)  of  clause  (1)  of  article  134  of  the  Constitution,  the  High  Court  shall  order  the 
execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an 
appeal is preferred within that period, until such appeal is disposed of. 

(2) Where  a sentence of death is passed or confirmed by the High Court,  and the person sentenced  makes an 
application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of 
article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such 
application  is  disposed  of  by  the  High  Court,  or  if  a  certificate  is  granted  on  such  application,  until  the  period 
allowed for preferring an appeal to the Supreme Court on such certificate has expired. 

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the 
person sentenced intends to present a petition to the  Supreme Court for the grant of special leave to appeal under 
article 136 of the Constitution, the  High  Court shall order the execution of the  sentence to be postponed for such 
period as it considers sufficient to enable him to present such petition. 

416. Postponement of capital sentence on pregnant woman.—If a woman sentenced to death is found to be 

187 

 
pregnant, the High Court shall 1[****], commute the sentence to imprisonment for life. 

B.—Imprisonment 

417. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for the time 
being in force, the State Government may direct in what place any person liable to be imprisoned or committed to 
custody under this Code shall be confined. 

(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil 
jail,  the  Court  or  Magistrate  ordering  the  imprisonment  or  committal  may  direct  that  the  person  be  removed  to  a 
criminal jail. 

 (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be 

sent back to the civil jail, unless either— 

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to 
have  been  released  from  the  civil  jail  under  section  58  of  the  Code  of  Civil  Procedure,  1908  (5  of  1908),  or 
section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be; or 

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the 
criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908), 
or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be.  

418. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment for life or 
to  imprisonment  for  a  term  in  cases  other  than  those  provided  for  by  section  413,  the  Court  passing  the  sentence 
shall  forthwith  forward  a  warrant  to  the  jail  or  other  place  in  which  he  is,  or  is  to  be,  confined,  and,  unless  the 
accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: 

Provided  that  where  the  accused  is  sentenced  to  imprisonment  till  the  rising  of  the  Court,  it  shall  not  be 
necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may 
direct. 

(2) Where the accused is not present in Court  when he is sentenced to such imprisonment as is  mentioned in 
sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other 
place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. 

419.  Direction  of  warrant  for  execution.—Every  warrant  for  the  execution  of  a  sentence  of  imprisonment 

shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. 

420. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the  warrant shall be 

lodged with the jailor. 

C.—Levy of fine 

421. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, the Court passing the 

sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— 

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to 

the offender; 

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land 

revenue from the movable or immovable property, or both, of the defaulter: 

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and 
if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, 
for special reasons to be recorded in writing, it considers it necessary so to do, or unless  it has made an order for the 
payment of expenses or compensation out of the fine under section 357. 

1. Certain words omitted by Act 5 of 2009, s. 30 (w.e.f. 31-12-2009). 

188 

 
                                                 
(2)  The  State  Government  may  make  rules  regulating  the  manner  in  which  warrants  under  clause  (a)  of                      

sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than 
the offender in respect of any property attached in execution of such warrant. 

(3)  Where  the  Court  issues  a  warrant  to  the  Collector  under  clause  (b)  of  sub-section  (1),  the  Collector  shall 
realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were 
a certificate issued under such law: 

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 

422. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 421 by any Court 
may be executed  within  the  local jurisdiction of such Court,  and it  shall authorise the attachment and sale  of any 
such  property  outside  such  jurisdiction,  when  it  is  endorsed  by  the  District  Magistrate  within  whose  local 
jurisdiction such property is found. 

423. Warrant  for levy of fine  issued  by a Court in any  territory to which this Code does not extend.—
Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offender 
has been sentenced to pay a fine by a Criminal Court in any territory to which this Code does not extend and the 
Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends, 
authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a 
warrant  issued  under  clause  (b)  of  sub-section  (1)  of  section  421  by  a  Court  in  the  territories  to  which  this  Code 
extends,  and  the  provisions  of  sub-section  (3)  of  the  said  section  as  to  the  execution  of  such  warrant  shall  apply 
accordingly. 

424.  Suspension  of  execution  of  sentence  of  imprisonment.—(1)  When  an  offender  has  been  sentenced  to 

fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may— 

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the 
date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more 
than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may 
be, of not more than thirty days; 

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the 
offender of a bond, with or without sureties, as the Court thinks fit, conditioned for his appearance before the 
Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, 
is to be made; and if the amount of the fine or of any instalment, as the case may be, is not realised on or before 
the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be 
carried into execution at once. 

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of 
money  has  been  made  on  non-recovery  of  which  imprisonment  may  be  awarded  and  the  money  is  not  paid 
forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is 
referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment. 

D.—General provisions regarding execution 

425.  Who  may  issue  warrant.—Every  warrant  for  the  execution  of  a  sentence  may  be  issued  either  by  the 

Judge or Magistrate who passed the sentence, or by his successor-in-office. 

426. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment for life 
or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore 
contained, take effect immediately. 

(2) When a sentence of imprisonment for a term is passed under this Code on an escaped convict,— 

(a)  if  such  sentence  is  severer  in  kind  than  the  sentence  which  such  convict  was  undergoing  when  he 

escaped, the new sentence shall take effect immediately; 

189 

 
(b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he 
escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that 
which, at the time of his escape, remained unexpired of his former sentence. 

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in 

kind than a sentence of simple imprisonment. 

427. Sentence on offender already sentenced for another offence.—(1) When a person already undergoing a 
sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such 
imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been 
previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous 
sentence: 

Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default 
of  furnishing  security  is,  whilst  undergoing  such  sentence,  sentenced  to  imprisonment  for  an  offence  committed 
prior to the making of such order, the latter sentence shall commence immediately. 

(2)  When  a  person  already  undergoing  a  sentence  of  imprisonment  for  life  is  sentenced  on  a  subsequent 
conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with 
such previous sentence. 

428. Period of detention undergone by the accused to be set off against the sentence of imprisonment.— 
Where an accused person has, on conviction, been sentenced to imprisonment for a term, 1[, not being imprisonment 
in default of payment of fine], the period of detention, if any, undergone by him during the  investigation, inquiry or 
trial  of  the  same  case  and  before  the  date  of  such  conviction,  shall  be  set  off  against  the  term  of  imprisonment 
imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction 
shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: 

2[Provided that in cases referred to in section 433A, such period of detention shall be set off against the period 

of fourteen years referred to in that section.] 

429. Saving.—(1) Nothing in section 426 or section 427 shall be held to excuse any person from any part of the 

punishment to which he is liable upon his former or subsequent conviction. 

(2)  When  an  award  of  imprisonment  in  default  of  payment  of  a  fine  is  annexed  to  a  substantive  sentence  of 
imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence 
or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default 
of payment of the fine until the person has undergone the further sentence or sentences. 

430.  Return  of  warrant  on  execution  of  sentence.—When  a  sentence  has  been  fully  executed,  the  officer 
executing  it  shall  return  the  warrant  to  the  Court  from  which  it  is  issued,  with  an  endorsement  under  his  hand 
certifying the manner in which the sentence has been executed. 

431. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by virtue of 
any order made under this Code, and the method of recovery of which is not otherwise expressly provided for, shall 
be recoverable as if it were a fine: 

Provided  that  section  421  shall,  in  its  application  to  an  order  under  section  359,  by  virtue  of  this  section,  be 
construed as if in the proviso to sub-section (1) of section 421, after the words and figures “under section 357”, the 
words and figures “or an order for payment of costs under section 359” had been inserted. 

E.—Suspension, remission and commutation of sentences 

432. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment for an 

1. Ins. by Act 45 of 1978, s. 31  (w.e.f.18-12-1978).  
2. Ins. by Act 25 of 2005, s. 34 (w.e.f. 23-6-2006). 

190 

 
                                                 
offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person 
sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which 
he has been sentenced. 

(2)  Whenever  an  application  is  made  to  the  appropriate  Government  for  the  suspension  or  remission  of  a 
sentence,  the  appropriate  Government  may  require  the  presiding  Judge  of  the  Court  before  or  by  which  the 
conviction  was  had  or  confirmed,  to  state  his  opinion  as  to  whether  the  application  should  be  granted  or  refused, 
together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of 
the record of the trial or of such record thereof as exists. 

(3) If any condition on  which a sentence  has been suspended or remitted is, in the  opinion of the  appropriate 
Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the 
person  in  whose  favour  the  sentence  has  been  suspended  or  remitted  may,  if  at  large,  be  arrested  by  any  police 
officer, without warrant and remanded to undergo the unexpired portion of the sentence. 

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by 

the person in whose favour the sentence is suspended or remitted, or one independent of his will. 

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of 

sentences and the conditions on which petitions should be presented and dealt with: 

Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age 
of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, 
unless the person sentenced is in jail, and— 

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the 

jail; or 

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in 

jail. 

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any 
section of this Code or of any other law, which restricts the liberty of any person or imposes any liability upon him 
or his property. 

(7) In this section and in section 433, the expression “appropriate Government” means,— 

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed 
under, any law relating to a matter to which the executive power of the Union extends, the Central Government; 

(b) in other cases, the Government of the State within which the offender is sentenced or the said order is 

passed. 

433.  Power  to  commute  sentence.—The  appropriate  Government  may,  without  the  consent  of  the  person 

sentenced, commute— 

(a) a sentence of death, for any other punishment provided by the Indian Penal Code (45 of 1860); 

(b)  a  sentence  of  imprisonment  for  life,  for  imprisonment  for  a  term  not  exceeding  fourteen  years  or  for 

fine; 

(c) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might 

have been sentenced, or for fine; 

(d) a sentence of simple imprisonment, for fine. 

191 

 
1[433A.  Restriction  on  powers  of  remission  or  commutation  in  certain  cases.—Notwithstanding  anything 
contained  in  section  432,  where  a  sentence  of  imprisonment  for  life  is  imposed  on  conviction  of  a  person  for  an 
offence  for  which  death  is  one  of  the  punishments  provided  by  law,  or  where  a  sentence  of  death  imposed  on  a 
person has been commuted under section 433 into one of imprisonment for life, such person shall not be released 
from prison unless he had served at least fourteen years of imprisonment.] 

434.  Concurrent  power  of  Central  Government  in  case  of  death  sentences.—The  powers  conferred  by 
sections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by the 
Central Government. 

435.  State  Government  to  act  after  consultation  with  Central  Government  in  certain  cases.—(1)  The 
powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case 
where the sentence is for an offence— 

(a) which was investigated by the Delhi Special Police Establishment constituted under the Delhi Special 
Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an 
offence under any Central Act other than this Code, or 

(b)  which  involved  the  misappropriation  or  destruction  of,  or  damage  to,  any  property  belonging  to  the 

Central Government, or 

(c) which was committed by a person in the service of the Central Government while acting or purporting 

to act in the discharge of his official duty, 

shall not be exercised by the State Government except after consultation with the Central Government. 

(2) No order of suspension, remission or commutation of sentences passed by the State Government in relation 
to a person, who has been convicted of offences, some of which relate to matters to which the executive power of 
the Union extends, and who has been sentenced to separate terms of imprisonment  which are to run concurrently, 
shall  have  effect  unless  an  order  for  the  suspension,  remission  or  commutation,  as  the  case  may  be,  of  such 
sentences has also been made by the Central Government in relation to the offences committed by such person with 
regard to matters to which the executive power of the Union extends. 

CHAPTER XXXIII 

PROVISIONS AS TO BAIL AND BONDS 

436.  In  what  cases  bail  to  be  taken.—(1)  When  any  person  other  than  a  person  accused  of  a  non-bailable 
offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought 
before a  Court,  and is prepared at any time  while in the custody of such officer or at any stage of the proceeding 
before such Court to give bail, such person shall be released on bail: 

Provided  that  such  officer  or  Court,  if  he  or  it  thinks  fit,  2[may,  and  shall,  if  such  person  is  indigent  and  is 
unable to furnish  surety, instead of taking bail] from such  person,  discharge him on  his  executing a bond  without 
sureties for his appearance as hereinafter provided. 

3[Explanation.—Where  a  person  is  unable  to  give  bail  within  a  week  of  the  date  of  his  arrest,  it  shall  be  a 
sufficient  ground  for  the  officer  or  the  Court  to  presume  that  he  is  an  indigent  person  for  the  purposes  of  this 
proviso:] 

Provided  further  that  nothing  in  this  section  shall  be  deemed  to  affect  the  provisions  of  sub-section  (3)  of 

section 116 4[or section 446A]. 

1. Ins. by Act 45 of 1978, s. 32   (w.e.f.18-12-1978).  
2. Subs. by Act 25 of 2005, s. 35, for certain words (w.e.f. 23-6-2006). 
3. Ins. by Act 25 of 2005, s. 35, (w.e.f. 23-6-2006). 
4. Ins. by Act 63 of 1980, s. 4 (w.e.f. 23-9-1980).  

192 

 
                                                 
(2)  Notwithstanding  anything  contained  in  sub-section  (1),  where  a  person  has  failed  to  comply  with  the 
conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, 
when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such 
refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the 
penalty thereof under section 446. 

Uttar Pradesh  

In section 436 of the said Code, in sub-section (1), in the first proviso, for the word “discharge” the 

STATE AMENDMENT 

word “release” shall be substituted. 

[Vide Uttar Pradesh Act 1 of 1984, s. 10] 

1[436A. Maximum period for which an undertrial prisoner can be detained.—Where a person has, during 
the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for 
which the punishment of death has been specified as one of the punishments under that law) undergone detention for 
a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, 
he shall be released by the Court on his personal bond with or without sureties: 

Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, 
order the continued detention of such person for a period longer than one-half of the said period or release him on 
bail instead of the personal bond with or without sureties: 

Provided further that no such person shall in any case be detained during the period of investigation, inquiry or 

trial for more than the maximum period of imprisonment provided for the said offence under that law. 

Explanation.—In computing the period of detention under this section for granting bail, the period of detention 

passed due to delay in proceeding caused by the accused shall be excluded.] 

437.  When  bail  may  be  taken  in  case  of  non-bailable  offence.—2[(1)  When  any  person  accused  of,  or 
suspected of, the commission of any  non-bailable offence  is arrested or detained  without  warrant by an officer in 
charge of a police station or appears or is brought before a Court other than the High Court or Court of session, he 
may be released on bail, but— 

(i) such person shall not be so released if there  appear reasonable grounds for believing that he  has been 

guilty of an offence punishable with death or imprisonment for life; 

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously 
convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, 
or  he  had  been  previously  convicted  on  two  or  more  occasions  of  3[a  cognizable  offence  punishable  with 
imprisonment for three years or more but not less than seven years:] 

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such 

person is under the age of sixteen years or is a woman or is sick or infirm: 

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is 

satisfied that it is just and proper so to do for any other special reason: 

Provided also that the mere fact that an accused person may be required for being identified by witnesses during 
investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail 
and gives an undertaking that he shall comply with such directions as may be given by the Court:] 

1. Ins. by Act 25 of 2005, s. 36 (w.e.f. 23-6-2006). 
2. Subs. by Act 63 of 1980, s. 5, for sub-section (1) (w.e.f. 23-9-1980).  
3. Subs. by Act 25 of 2005, s. 37, for “a non-bailable and cognizable offence” (w.e.f. 23-6-2006). 

193 

 
 
                                                 
1[Provided also that no person shall, if the offence alleged to have been committed by him is punishable with 
death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this 
sub-section without giving an opportunity of hearing to the Public Prosecutor.] 

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, 
that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that 
there are sufficient grounds for further inquiry into his guilt, 2[the accused shall, subject to the provisions of section 
446A and pending such inquiry, be released on bail], or, at the discretion of such officer or Court, on the execution 
by him of a bond without sureties for his appearance as hereinafter provided. 

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment which 
may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian 
Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offence, is released on bail 
under sub-section (1), 3[the Court shall impose the conditions,— 

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, 

(b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, 

of the commission of which he is suspected, and 

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person 
acquainted  with  the  facts  of  the  case  so  as  to  dissuade  him  from  disclosing  such  facts  to  the  Court  or  to  any 
police officer or tamper with the evidence, 

and may also impose, in the interests of justice, such other conditions as it considers necessary.] 

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in 

writing his or its 4[reasons or special reasons] for so doing. 

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers 

it necessary so to do, direct that such person be arrested and commit him to custody. 

(6)  If,  in  any  case  triable  by  a  Magistrate,  the  trial  of  a  person  accused  of  any  non-bailable  offence  is  not 
concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if 
he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless 
for reasons to be recorded in writing, the Magistrate otherwise directs. 

(7)  If,  at  any  time,  after  the  conclusion  of  the  trial  of  a  person  accused  of  a  non-bailable  offence  and  before 
judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not 
guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without 
sureties for his appearance to hear judgment delivered.  

Arunachal Pradesh  

STATE AMENDMENT 

Amendment of section 437.—In section 437 of the principal Act, in sub-section (1), after the fourth 

proviso, the following proviso shall be added, namely:- 

“Provided also that no person shall, if the offence alleged to have been committed by him against 
woman  is  punishable  with  imprisonment  for  not  less  than  seven  years,  be  released  on  bail  by  the 

1. Ins. by Act 25 of 2005, s. 37 (w.e.f. 23-6-2006). 
2. Subs. by Act 63 of 1980, s. 5, for certain words (w.e.f. 23-9-1980).  
3.  Subs. by Act 25 of 2005, s. 37, for certain words (w.e.f. 23-6-2006).  
4. Subs. by Act  63 of 1980, s. 5,  for “reasons”  (w.e.f. 23-9-1980).  
194 

 
                                                 
Court under this sub-section without giving an opportunity of hearing to the Public prosecutor”. 

[Vide Arunachal Pradesh Act 3 of 2019, s. 22] 

1[437A. Bail to require accused to appear before next appellate Court.—(1) Before conclusion of the trial 
and  before  disposal  of  the  appeal,  the  Court  trying  the  offence  or  the  Appellate  Court,  as  the  case  may  be,  shall  

require the accused to execute bail bonds with sureties,  to appear before the higher Court as and when such Court 

issues  notice  in  respect  of  any  appeal  or  petition  filed  against  the  judgment  of  the  respective  Court  and  such  bail 

bonds shall be in force for six months. 

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 446 shall apply.] 
STATE AMENDMENTS 

UTTAR PRADESH 

 Insertion of sections 438 in Act no. 2 of 1974 as amended in its application to Uttar Pradesh.—In 
the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, after section 437-A 
the following section shall be inserted, namely:- 

"438. Direction for grant of bail to person apprehending arrest.--(1) Where any person has reason 
to believe that he may be arrested on accusation or having committed a non-bailable offence, he may 
apply to the High Court or the Court of Session for a direction under this section that in the event of 
such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, 
the following factors, namely:- 

(i) the nature and gravity of the accusation; 

(ii) the antecedents of the applicant including the fact as to whether he has previously undergone 

imprisonment on conviction by a Court in respect of any cognizable offence; 

(iii) the possibility of the applicant to flee from justice; and 

(iv) where the accusation has been made with the object of injuring or humiliating the applicant 

by having him so arrested; 

either reject the application forthwith or issue an interim order for the grant of anticipatory bail: 

Provided that where the High Court or, as the case may be, the Court of Session, has not passed 
any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it 
shall be open to an officer in-charge of a police station to arrest, without warrant, the applicant on the 
basis of the accusation apprehended in such application. 

(2) Where the High Court or, as the case may be, the Court of Session, considers it expedient to 
issue an interim order to grant anticipatory bail under sub-section (1), the Court shall indicate therein 
the date, on which the application for grant of anticipatory bail shall be finally heard for passing an 
order thereon, as the Court may deem fit, and if the Court passes any order granting anticipatory bail, 
such order shall include inter alia the following conditions, namely:- 

(i) that the applicant shall make himself available for interrogation by a police officer as and 

when required; 

1. Ins. by Act 5 of 2009, s. 31 (w.e.f. 31-12-2009)  

195 

 
                                                 
(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise 
to  any  person  acquainted with the  facts  of  the case so  as  to  dissuade him  from  disclosing  such 
facts to the Court or to any police officer; 

(iii) that the applicant shall not leave India without the previous permission of the Court; and 

(iv) such other conditions as may be imposed under sub-section (3) of section 437, as if the 

bail were granted under that section. 

Explanation:-The final order made on an application for direction under sub-section (1); shall not 

be construed as an interlocutory order for the purpose of this Code. 

(3) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice 
being not less than seven days notice, together with a copy of such order to be served on the Public 
Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable 
opportunity of being heard when the application shall be finally heard by the Court. 

(4)  On  the  date  indicated  in  the  interim  order  under  sub-section  (2),  the  Court  shall  hear  the 
Public  Prosecutor  and  the  applicant  and  after  due  consideration  of  their  contentions,  it  may  either 
confirm, modify or cancel the interim order. 

(5)  The  High  Court  or  the  Court  of  Session,  as  the  case  may  be,  shall  finally  dispose  of  an 
application for grant of anticipatory bail under sub-section (1), within thirty days of the date of such 
application. 

(6) Provisions of this section shall not be applicable,-- 

(a) to the offences arising out of,-- 

(i) the Unlawful Activities (Prevention) Act, 1967; 

(ii) the Narcotic Drugs and Psychotropic Substances Act, 1985; 

(iii) the Official Secret Act, 1923; 

(iv) the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. 

(b) in the offences, in which death sentence can be awarded. 

(7)  If  an  application  under  this  section  has  been  made  by  any  person  to  the  High  Court,  no 

application by the same person shall be entertained by the Court of Session. 

[Vide Uttar Pradesh 4 of 2019, s. 2] 

438. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason to believe 
that  he  may  be  arrested  on  an  accusation  of  having  committed  a  non-bailable  offence,  he  may  apply  to  the  High 

Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the 

event of such arrest, he shall be released on bail. 

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such 

conditions in such directions in the light of the facts of the particular case, as it may think fit, including— 

(i) a condition that the person shall make himself available for interrogation by a police officer as and when 

required; 

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to 

196 

 
any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or 

to any police officer; 

(iii) a condition that the person shall not leave India without the previous permission of the Court; 

(iv)  such  other  condition  as  may  be  imposed  under  sub-section  (3)  of  section  437,  as  if  the  bail  were 

granted under that section.  

(3)  If  such  person  is  thereafter  arrested  without  warrant  by  an  officer  in  charge  of  a  police  station  on  such 

accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, 

he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be 

issued in the first instance against that person, he shall issue a bailable warrant in confirmity with the direction of the 

Court under sub-section (1). 

1[(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having 
committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of 

the Indian Penal Code (45 of 1860).] 

West Bengal.— 

STATE AMENDMENTS 

To sub-section (1) of section 438 of the principal Act, the following proviso shall be added:— 

“Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for 

life or imprisonment for a term of not less than seven years, no final order shall be made on such application without 

giving the State not less than seven days’ notice to present its case. 

[Vide West Bengal Act 47 of 1981, s. 3.] 

West Bengal.— 

For  sub-section  (1)  of  section  438,  of  the  principal  Act  the  following  sub-sections  shall  be  substituted, 

namely:— 

“(1) (a) When any person has reason to believe that he may be arrested on an accusation of having committed a 

non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that 

in the event of such arrest, he shall be released on bail: 

Provided that the mere fact that a person has applied to the High Court or the Court of Session for a direction 

under this section shall not, in the absence of any order by that Court, be a bar to the apprehension of such person, or 

the detention of such person in custody, by an officer-in-charge of a police station. 

(b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a direction 

under this sub-section within thirty days of the date of such application: 

Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for 

life or imprisonment for a term of not less than seven years, no final order shall be made on such application without 

giving the State not less than seven days notice to present its case. 

(c)  If  any  person  is  arrested  and  detained  in  custody  by  an  officer-in-charge  of  a  police  station  before  the 

disposal of the application of such person for a direction under this sub-section, the release of such person on bail by 

a Court having jurisdiction, pending such disposal, shall be subject to the provisions of section 437. 

1. Ins. by Act 22 of 2018, s. 22 (w.e.f. 21-4-2018). 

197 

 
                                                 
(1A)  The  provisions  of  sub-section  (1)  shall  have  effect  notwithstanding  anything  to  the  contrary  contained 

elsewhere in this Act or in any judgment, decree or order of any Court, tribunal or other authority.”. 

[Vide West Bengal Act 25 of 1990, s. 3] 

Orissa 

Amendment of section 438.—In section 438 of the Code of Criminal Procedure, 1973 (2 of 1974), to 

sub-section (1), the following proviso shall be added, namely:— 

“Provided  that  where  the  apprehended  accusation  relates  to  an  offence  punishable  with  death, 
imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made 
on such application without giving the State notice to present its case.”: 

[Vide Orissa Act 11 of 1988, s. 2] 

Maharashtra 

Substitution of section 438 of Act 2 of 1974.—For section 438 of the Code of Criminal Procedure, 
1973 (2 of 1974), in its application to the State of Maharashtra, the following section shall be substituted, 
namely:- 

“438.  Direction for  giant  of  bail  to  person  apprehending  arrest.—(1)  When  any  person  has 
reason  to  believe  that  he  may  be  arrested  on  an  accusation  of  having  committed  a  non-bailable 
offence, he may apply to the High Court or the Court of Session for a direction under this section that 
in  the  event  of  such  arrest,  he  shall  be  released  on  bail;  and  High  Court  may,  after  taking  into 
consideration,  inter  alia,  the  following  factors:-  (i)  the  nature  and  gravity  or  seriousness  of  the 
accusation as apprehended by the applicant; 

(ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a 

Court previously undergone imprisonment for a term in respect of any cognizable offence; 

(iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by 

having him so arrested, and 

(iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject 

the application forth with or issue an interim order for the grant of anticipatory bail: 

Provided that where the High Court or, as the case may be, the Court of Session, has not passed 
any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it 
shall be open to an officer in charge of a police station to arrest, without warrant the applicant on the 
basis of the accusation apprehended in such application. 

(2) Where the High Court or, as the case may be, the Court of Session, considers it expedient to 
issue an interim order to grant anticipatory bail under sub-section (1), the Court shall indicate therein 
the date, on which the application for grant of, anticipatory bail shall be finally heard for passing on 
order thereon, as the Court may deem fit; and if the Court passes any order granting anticipatory bail, 
such order shall include inter alia the following conditions, namely:- 

(i) that the applicant shall make himself available for interrogation by a police officer as and 

when required; 

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise 
to any person acquainted with the facts of the accusation against him so as to dissuade him from 
disclosing such facts to the Court or to any police officer; 

(iii) that the applicant shall not leave India without the previous permission of the Court; and 

(iv) such other conditions as may be imposed under sub-section (3) of section 437 as if the 

bail was granted under that section. 

198 

 
(3)  Where  the  Court  grants  an  interim  order  under  sub-section  (1),  it  shall  forthwith  cause  a 
notice, being not less than seven days notice, together with a copy of such order to be served on the 
Public  Prosecutor  and  the  Commissioner  of  Police,  or  as  the  case  may  be,  the  concerned 
Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being 
heard when the application shall be finally heard by the Court. 

(4) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final 
hearing of the application and passing of final order by the Court, if on an application made to it by 
the Public Prosecutor, the Court considers such presence necessary in the interest of justice. 

(5)  On  the  date  indicated  in  the  interim  order  under  sub-section  (2),  the  Court  shall  hear  the 
Public  Prosecutor  and  the  applicant  and  after  due  consideration  of  their  contentions,  it  may  either 
confirm, modify or cancel the interim order made under sub-section (1).] 

[Vide Maharashtra Act 24 of 1993, s. 2] 

Uttar Pradesh 

Section 438 of the said Code shall be omitted. 

[Vide Uttar Pradesh Act 16 of 1976, s. 9] 

439.  Special  powers  of  High  Court  or  Court  of  Session  regarding  bail.—(1)  A  High  Court  or  Court  of 

Session may direct,— 

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the 

nature specified in sub-section (3) of  section 437, may impose any condition which it considers necessary for 

the purposes mentioned in that sub-section; 

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified:  

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an 

offence  which  is  triable  exclusively  by  the  Court  of  Session  or  which,  though  not  so  triable,  is  punishable  with 

imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be 

recorded in writing, of opinion that it is not practicable to give such notice. 

1[Provided further that the High Court or the Court of Session shall, before granting bail to a person 
who  is  accused  of  an  offence  triable  under  sub-section  (3)  of section  376 or section  376AB or section 
376DA or section 376DB of the Indian Penal Code (45 of 1860), give notice of the application for bail to 
the  Public  Prosecutor  within  a  period  of  fifteen  days  from  the  date  of  receipt  of  the  notice  of  such 
application.] 

1[(1A) The presence of the informant or any person authorised by him shall be obligatory at the time 
of  hearing  of  the  application  for  bail  to  the  person  under  sub-section  (3)  of section  376 or section 
376AB or section 376DA or section DB of the Indian Penal Code (45 of 1860).] 

(2)  A  High  Court  or  Court  of  Session  may  direct  that  any  person  who  has  been  released  on  bail  under  this 

Chapter be arrested and commit him to custody. 

Assam.— 

STATE AMENDMENT 

439-A. Power to grant bail.—(1) Notwithstanding anything contained in this Code, no person— 

1.  Ins. by Act 22 of 2018,  s. 23 (w.e.f. 21-4-2018). 

199 

 
                                                 
(a) who, being accused or suspected of committing an offence under any of the following Sections, 
namely,  —Sections  120B,  121,  121A,  122,  123,  124A,  153A,  302,  303,  304,  307,  326,  333,  363,  364, 
365,  367,  368,  392,  394,  395,  396,  399,  412,  431,  436,  449  and  450  of  the  Indian  Penal  Code,  1860, 
Sections 3, 4, 5 and 6 of the Indian Explosive Substances Act, 1908, and Sections 25,26, 27, 28, 29, 30 
and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or 

(b)  who,  having  any  reason  to  believe  that  he  may  be  arrested  on  an  accusation  of  committing  an 
offence as specified in clause (a), has applied to the High Court or the Court of Sessions for a direction 
for his release on bail in the event of his arrest, shall be released on bail or as the case may be, directed to 
be released on bail, except on one or more of the following grounds, namely: — 

(i) that the Court including the High Court or the Court of Session for reasons to be recorded in 
writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any 
offence specified in clause (a); 

(ii) that such person is under the age of sixteen years or a woman or a sick or an infirm person; 

(iii) that the court including the High Court or the Court of Sessions for reasons to be recorded in 
writing is satisfied that there are exceptional and sufficient grounds to release or direct the release of 
the accused on bail.” 

[Vide Assam Act 3 of 1984, s. 5.] 

440.  Amount  of  bond  and  reduction  thereof.—(1)  The  amount  of  every  bond  executed  under  this  Chapter 

shall be fixed with due regard to the circumstances of the case and shall not be excessive. 

(2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be 

reduced. 

441. Bond of accused and sureties.—(1) Before any person is released on bail or released on his own bond, a 

bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by 

such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall 

attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the 

police officer or Court, as the case may be. 

(2)  Where  any  condition  is  imposed  for  the  release  of  any  person  on  bail,  the  bond  shall  also  contain  that 

condition. 

(3) If the case so requires, the bond shall also bind the person released on bail to appear when called upon at the 

High Court, Court of Session or other Court to answer the charge. 

200 

 
(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in 

proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, 

may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such 

sufficiency or fitness. 

Andhra Pradesh 

STATE AMENDMENT 

Amendment  of  Section  441  Central  Act  2  of  1974.—In  the  Code  of  Criminal  Procedure,  1973 
(hereinafter referred to as the Principal Act) in section 441, in sub-section (1), the following words shall 
be added at the end, namely. — 

“and for imposition of a fine not exceeding the amount prescribed in the surety bond, in case the surety 

fails to produce the accused on the date fixed by the court in grave/serious offences.” 

[Vide Andhra Pradesh Act 17 of 2019, s. 2] 

1[441A. Declaration by sureties.—Every person standing surety to an accused person for his release on bail, 

shall make a declaration before the Court as to the number of persons to whom he has stood surety including the 

accused, giving therein all the relevant particulars.] 

442. Discharge from custody.—(1) As soon as the bond has been executed, the person for whose appearance it 

has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of 

release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. 

(2)  Nothing  in  this  section,  section  436  or  section  437,  shall  be  deemed  to  require  the  release  of  any  person 

liable to be detained for some matter other than that in respect of which the bond was executed. 

443.  Power  to  order  sufficient  bail  when  that  first  taken  is  insufficient.—If,  through  mistake,  fraud  or 
otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a 
warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient 
sureties, and, on his failing so to do, may commit him to jail. 

444. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person released on 

bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. 

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so 

released be brought before him. 

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall 
direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to 
find other sufficient sureties, and, if he fails to do so, may commit him to jail. 

STATE AMENDMENT 

West Bengal  

In section 444 of the Principal Act,—  

 (1) in sub-section (1) after the words “at any time”, the words, “on showing sufficient cause,” shall be 

inserted; 

(2) after sub-section (1), the following sub-section shall be inserted:— 

1. Ins. by Act 25 of 2005, s. 39 (w.e.f. 23-6-2006). 

201 

 
                                                 
“(1A) On such application being made, the Magistrate may either hold an inquiry himself, or cause 

an inquiry to be made by a Magistrate subordinate to him, on the correctness of the reason shown, in 
the application to discharge the bond as stated in sub-section (1)”; 

(3) for sub-section (2), the following sub-section shall be substituted:— 

“(2) If the Magistrate is satisfied, on enquiry made under sub-section (1A), that all or any of the 
sureties applying for discharge may be discharged, he shall issue warrant of arrest directing that the 
person so released be brought before him.” 

[Vide West Bengal Act 24 of 2003, s. 3]  

445. Deposit instead of recognizance.—When any person is required by any Court or officer to execute a bond 
with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to 
deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of 
executing such bond. 

STATE AMENDMENT 

West Bengal  

In section 445 of the principal Act,— 

(a) the words “with or without sureties” shall be omitted; and  

(b) for the word “permit”, the word “direct” shall be substituted. 

[Vide West Bengal Act 24 of 2003, s. 4.] 

446. Procedure when bond has been forfeited.—(1) Where a bond under this Code is for appearance, or for 
production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the 
case has subsequently been transferred, that the bond has been forfeited,  

or where, in respect of any other bond under this Code, it is proved to the satisfaction of the Court by which the 
bond  was  taken,  or  of  any  Court  to  which  the  case  has  subsequently  been  transferred,  or  of  the  Court  of  any 
Magistrate of the first class, that the bond has been forfeited, 

the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the 

penalty thereof or to show cause why it should not be paid. 

Explanation.—A  condition  in  a  bond  for  appearance,  or  for  production  of  property,  before  a  Court  shall  be 
construed  as  including  a  condition  for  appearance,  or  as  the  case  may  be,  for  production  of  property,  before  any 
Court to which the case may subsequently be transferred. 

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if 

such penalty were a fine imposed by it under this Code: 

1[Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so 
bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil 
jail for a term which may extend to six months.]  

(3) The Court may,  2[after recording its reasons for doing so], remit any portion of the penalty mentioned and 

enforce payment in part only. 

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in 

respect of the bond. 

(5) Where any person who has furnished security under section 106 or section 117 or section 360 is convicted 
of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in 

1. Added by Act 63 of 1980, s. 6 (w.e.f. 23-9-1980).  
2. Subs. by Act 25 of 2005, s. 40, for “at its discretion” (w.e.f. 23-6-2006). 

202 

 
                                                 
lieu of his bond under section 448, a certified copy of the judgment of the Court by which he was convicted of such 
offence  may  be  used  as  evidence  in  proceedings  under  this  section  against  his  surety  or  sureties,  and,  if  such 
certified copy is so  used, the  Court  shall presume  that such offence  was committed by  him  unless the contrary is 
proved. 

1[446A.  Cancellation  of  bond  and  bail  bond.—Without  prejudice  to  the  provisions  of  section  446,  where  a 

bond under this Code is for appearance of a person in a case and it is forfeited for breach of a condition,— 

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in 

that case shall stand cancelled; and 

(b) thereafter no such person shall be released only on his own bond in that case, if the Police Officer or the 
Court, as the case may be, for appearance before whom the bond was executed, is  satisfied that there was no 
sufficient cause for the failure of the person bound by the bond to comply with its condition: 

Provided that subject to any other provisions of this Code he may be released in that case upon the execution of 
a fresh personal bond for such sum of money and bond by one or more of such sureties as the Police Officer or the 
Court, as the case may be, thinks sufficient.] 

447. Procedure in case of insolvency of death of surety or when a bond is forfeited.—When any surety to a 
bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of   section 446, 
the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom 
such security was demanded to furnish fresh securities in accordance with the directions of the original order, and if 
such security is  not  furnished, such  Court or Magistrate  may proceed as if there had been a default in complying 
with such original order. 

448. Bond required from minor.—When the person required by any Court, or officer to execute a bond is a 

minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. 

449. Appeal from orders under section 446.—All orders passed under section 446 shall be appealable,— 

(i) in the case of an order made by a Magistrate, to the Sessions Judge; 

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order 

made by such Court. 

450. Power to direct levy of amount due on certain recognizances.—The High Court or Court of Sessions 
may direct any Magistrate  to  levy the amount due  on a bond for appearance or attendance at  such High Court or 
Court of Session. 

CHAPTER XXXIV 

DISPOSAL OF PROPERTY 

451.  Order  for  custody  and  disposal  of  property  pending  trial  in  certain  cases.—When  any  property  is 
produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for 
the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to 
speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it 
thinks necessary, order it to be sold or otherwise disposed of. 

Explanation.—For the purposes of this section, “property” includes— 

(a) property of any kind or document which is produced before the Court or which is in its custody; 

(b)  any  property  regarding  which  an  offence  appears  to  have  been  committed  or  which  appears  to  have 

been used for the commission of any offence. 

452. Order for disposal of property at conclusion of trial.—(1) When an inquiry or trial in any Criminal 

1. Ins. by Act 63 of 1980, s. 7 (w.e.f. 23-9-1980).  

203 

 
                                                 
 
Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruction, confiscation or 
delivery  to  any  person  claiming  to  be  entitled  to  possession  thereof  or  otherwise,  of  any  property  or  document 
produced before it or in its custody, or regarding which any offence appears to have been committed, or which has 
been used for the commission of any offence. 

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be 
entitled to the  possession thereof,  without any condition or on condition that  he  executes a bond,  with or  without 
securities, to the  satisfaction  of the  Court,  engaging to restore such property to the Court if the order made under 
sub-section (1) is modified or set aside on appeal or revision. 

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be 
delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 
458 and 459. 

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been 
executed  in  pursuance  of  sub-section  (2),  an  order  made  under  sub-section  (1)  shall  not  be  carried  out  for  two 
months, or when an appeal is presented, until such appeal has been disposed of. 

(5) In this section, the term “property” includes, in the case of property regarding which an offence appears to 
have been committed, not only  such property as has been  originally in the possession or under the control of any 
party,  but  also  any  property  into  or  for  which  the  same  may  have  been  converted  or  exchanged,  and  anything 
acquired by such conversion or exchange, whether immediately or otherwise. 

453.  Payment  to  innocent  purchaser  of  money  found  on  accused.—When  any  person  is  convicted  of  any 
offence  which  includes,  or  amounts  to,  theft  or  receiving  stolen  property,  and  it  is  proved  that  any  other  person 
bought the stolen property from him without knowing  or having reason to believe  that the same was stolen, and 
that any  money  has on his arrest been taken out of the  possession of the convicted person, the Court  may, on the 
application of  such purchaser and on the restitution of the  stolen property to the person  entitled to the possession 
thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him. 

454. Appeal against orders under section 452 or section 453.—(1) Any person aggrieved by an order made 
by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from 
convictions by the former Court. 

(2) On such appeal,  the  Appellate Court  may direct the  order to be stayed pending disposal of the appeal,  or 

may modify, alter or annul the order and make any further orders that may be just. 

(3)  The  powers  referred  to  in  sub-section  (2)  may  also  be  exercised  by  a  Court  of  appeal,  confirmation  or 

revision while dealing with the case in which the order referred to in sub-section (1) was made. 

455. Destruction of libellous and other matter.—(1) On a conviction under section 292, section 293, section 
501 or section 502 of the Indian Penal Code (45 of 1860), the Court may order the destruction of all the copies of the 
thing  in  respect  of  which  the  conviction  was  had,  and  which  are  in  the  custody  of  the  Court  or  remain  in  the 
possession or power of the person convicted. 

(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of 
the  Indian  Penal  Code  (45  of  1860),  order  the  food,  drink,  drug  or  medical  preparation  in  respect  of  which  the 
conviction was had, to be destroyed. 

456.  Power  to  restore  possession  of  immovable  property.—(1)  When  a  person  is  convicted  of  an  offence 
attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that,  by such 
force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, 
if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any 
other person who may be in possession of the property: 

Provided that no such order shall be made by the Court more than one month after the date of the conviction. 

(2)  Where  the  Court  trying  the  offence  has  not  made  an  order  under  sub-section  (1),  the  Court  of  appeal, 
confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as 
the case may be. 

204 

 
(3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relation 

thereto as they apply in relation to an order under section 453. 

(4)  No  order  made  under    this  section  shall  prejudice  any  right  or  interest  to  or  in  such  immovable  property 

which any person may be able to establish in a civil suit. 

457.  Procedure  by  police  upon  seizure  of  property.—(1)  Whenever  the  seizure  of  property  by  any  police 
officer  is  reported  to  a  Magistrate  under  the  provisions  of  this  Code,  and  such  property  is  not  produced  before  a 
Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal 
of such property or the delivery of such property to the person entitled to the possession thereof, or if such person 
cannot be ascertained, respecting the custody and production of such property. 

(2)  If  the  person  so  entitled  is  known,  the  Magistrate  may  order  the  property  to  be  delivered  to  him  on  such 
conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, 
in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person 
who may have a claim thereto, to appear before him and establish his claim within six months from the date of such 
proclamation. 

458.  Procedure  where  no  claimant  appears  within  six  months.—(1)  If  no  person  within  such  period 
establishes his claim to such property, and if the person in whose possession such property was found is unable to 
show  that  it  was  legally  acquired  by  him,  the  Magistrate  may    by  order  direct  that  such  property  shall  be  at  the 
disposal of the State Government  and may be sold by that Government and the proceeds of such sale shall be dealt 
with in such manner as may be prescribed. 

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by 

the Magistrate. 

459. Power to sell perishable property.—If the person entitled to the possession of such property is unknown 
or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported 
is of opinion that its sale would be for the benefit of the owner, or that the value of such property is  1[less than five 
hundred  rupees],  the  Magistrate  may  at  any  time  direct  it  to  be  sold;  and  the  provisions  of  sections  457  and  458 
shall, as nearly as may be practicable, apply to the net proceeds of such sale. 

CHAPTER XXXV 

IRREGULAR PROCEEDINGS 

460. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to do any of 

the following things, namely:— 

(a) to issue a search-warrant under section 94; 

(b) to order, under section 155, the police to investigate an offence; 

(c) to hold an inquest under section 176; 

(d) to issue process under section 187, for the  apprehension of a person within his local jurisdiction  who 

has committed an offence outside the limits of such jurisdiction; 

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190; 

(f) to make over a case under sub-section (2) of section 192; 

(g) to tender a pardon under section 306; 

(h) to recall a case and try it himself under section 410; or 

(i) to sell property under section 458 or section 459,  

erroneously  in  good  faith  does  that  thing,  his  proceedings  shall  not  be  set  aside  merely  on  the  ground  of  his  not 
being so empowered. 

1. Subs. by Act 25 of 2005, s. 41, for “less than ten rupees” (w.e.f. 23-6-2006). 

205 

 
                                                 
461. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in this behalf, 

does any of the following things, namely:— 

(a) attaches and sells property under section 83; 

(b)  issues  a  search-warrant  for  a  document,  parcel  or  other  things  in  the  custody  of  a  postal  or  telegraph 

authority; 

(c) demands security to keep the peace; 

(d) demands security for good behaviour; 

(e) discharges a person lawfully bound to be of good behaviour; 

(f) cancels a bond to keep the peace;  

(g) makes an order for maintenance; 

(h) makes an order under section 133 as to a local nuisance; 

(i) prohibits, under section 143, the repetition or continuance of a public nuisance; 

(j) makes an order under Part C or Part D of Chapter X; 

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190; 

(l) tries an offender; 

(m) tries an offender summarily; 

(n) passes a sentence, under section 325, on proceedings recorded by another Magistrate; 

(o) decides an appeal; 

(p) calls, under section 397, for proceedings; or  

(q) revises an order passed under section 446,  

his proceedings shall be void. 

462.  Proceedings  in  wrong  place.—No  finding,  sentence  or  order  of  any  Criminal  Court  shall  be  set  aside 
merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, 
took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has 
in fact occasioned a failure of justice.  

463.  Non-compliance  with  provisions  of  section  164  or  section  281.—(1)  If  any  Court  before  which  a 
confession  or  other  statement  of  an  accused  person  recorded,  or  purporting  to  be  recorded  under  section  164  or 
section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections 
have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained 
in section 91 of the Indian Evidence  Act,  1872 (1 of 1872), take evidence in regard to such non-compliance, and 
may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly 
made the statement recorded, admit such statement. 

(2) The provisions of this section apply to Courts of appeal, reference and revision. 

464. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or order by a 
Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the 
ground  of  any  error,  omission  or  irregularity  in  the  charge  including  any  misjoinder  of  charges,  unless,  in  the 
opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. 

(2)  If  the  Court  of  appeal,  confirmation  or  revision,  is  of  opinion  that  a  failure  of  justice  has  in  fact  been 

occasioned, it may,— 

(a)  in  the  case  of  an  omission  to  frame  a  charge,  order  that  a  charge  be  framed,  and  that  the  trial  be 

206 

 
recommended from the point immediately after the framing of the charge; 

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge 

framed in whatever manner it thinks fit: 

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred 

against the accused in respect of the facts proved, it shall quash the conviction. 

465. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject to the 
provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be 
reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in 
the complaint, summons,  warrant, proclamation,  order,  judgment or  other proceedings before  or  during   trial or  
in      any    inquiry  or  other  proceedings  under  this  Code,  or  any  error,  or  irregularity  in  any  sanction  for  the 
prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. 

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error,      

or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to 
the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 

466.  Defect  or  error  not  to  make  attachment  unlawful.—No  attachment  made  under  this  Code  shall  be 
deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of 
form in the summons, conviction, writ of attachment or other proceedings relating thereto. 

CHAPTER XXXVI1 

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 

467.  Definitions.—For  the  purposes  of  this  Chapter,  unless  the  context  otherwise  requires,  “period  of 

limitation” means the period specified in section 468 for taking cognizance of an offence. 

468.  Bar  to  taking  cognizance  after  lapse  of  the  period  of  limitation.—(1)  Except  as  otherwise  provided 
elsewhere in this  Code, no Court shall take cognizance of  an offence of the  category specified in sub-section  (2), 
after the expiry of the period of limitation. 

(2) The period of limitation shall be— 

(a) six months, if the offence is punishable with fine only; 

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; 

(c)  three  years,  if  the  offence  is  punishable  with  imprisonment  for  a  term  exceeding  one  year  but  not 

exceeding three years. 

2[(3)  For  the  purposes  of  this  section,  the  period  of  limitation,  in  relation  to  offences  which  may  be  tried 
together, shall be determined with reference to the offence which is punishable with the more severe punishment or, 
as the case may be, the most severe punishment.] 

469.  Commencement  of  the  period  of  limitation.—(1)  The  period  of  limitation,  in  relation  to  an  offender, 

shall commence,— 

(a) on the date of the offence; or 

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any 
police  officer,  the  first  day  on  which  such  offence  comes  to  the  knowledge  of  such  person  or  to  any  police 
officer, whichever is earlier; or  

1.  Provisions  of  this  Chapter  shall  not  apply  to  certain  economic  offences,  see  the  Economic  Offences  (Inapplicability  of 

Limitation) Act, 1974 (12 of 1974), s. 2 and Sch. 
2. Ins. by Act 45 of 1978, s. 33  (w.e.f. 18.12.1978). 

207 

 
                                                 
 
(c) where it is not known by whom the offence was committed, the first day on which the identity of the 
offender is known to the person aggrieved by the offence or to the police officer making investigation into the 
offence, whichever is earlier. 

(2) In computing the said period, the day from which such period is to be computed shall be excluded. 

470.  Exclusion  of  time  in  certain  cases.—(1)  In  computing  the  period  of  limitation,  the  time  during 
which  any  person  has  been  prosecuting  with  due  diligence  another  prosecution,  whether  in  a  Court  of  first 
instance or in a Court of appeal or revision, against the offender, shall be excluded: 

Provided  that  no  such  exclusion  shall  be  made  unless  the  prosecution  relates  to  the  same  facts  and  is 
prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable 
to entertain it. 

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or 
order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the 
day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. 

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being  
in  force,  the  previous  consent  or  sanction  of  the  Government  or  any  other  authority  is  required  for  the 
institution  of  any  prosecution  for  an offence,  then,  in  computing  the period  of  limitation,  the period  of  such 
notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. 

Explanation.—In computing the time required for obtaining the consent or sanction of the Government or 
any other authority, the date on which the application was made for obtaining the consent or sanction and the 
date of receipt of the order of the Government or other authority shall both be excluded. 

(4) In computing the period of limitation, the time during which the offender— 

(a) has been absent from India or from any territory outside India which is under the administration of 

the Central Government, or 

(b) has avoided arrest by absconding or concealing himself,  

shall be excluded. 

471. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day when 

the Court is closed, the Court may take cognizance on the day on which the Court reopens. 

Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if, during its 

normal working hours, it remains closed on that day. 

472. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin to run at 

every moment of the time during which the offence continues. 

473.  Extension  of  period  of  limitation  in  certain  cases.—Notwithstanding  anything  contained  in  the 
foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of 
limitation,  if  it  is  satisfied  on  the  facts  and  in  the  circumstances  of  the  case  that  the  delay  has  been  properly 
explained or that it is necessary so to do in the interests of justice. 

Andhra Pradesh and Telangana 

STATE AMENDMENT 

Chapter XXXVI of Code of Criminal Procedure, 1973 not to apply to certain offences.-Nothing in Chapter 

XXXVI of the Code of Criminal Procedure, 1973, shall apply to- 

(i) any offences punishable under any of the enactments specified in the Schedule; or 

(ii)  any  other  offences,  which  under  the  provisions  of  that  Code,  may  be  tried  along  with  such  offences,  and 
every offence referred to in clause (i) or clause (ii), may be taken cognizance of by the court having jurisdiction as if 
the provisions of that Chapter were not enacted. 

[Vide the Andhra Pradesh Act 17 of 1982, s. 2] 

208 

 
CHAPTER XXXVII 

MISCELLANEOUS 

 474. Trials before High Courts.—When an offence is tried by the High Court otherwise than under section 
407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were 
trying the case. 

475.  Delivery  to  commanding  officers  of  persons  liable  to  be  tried  by  Court-martial.—(1)  The  Central 
Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 
(62  of  1957),  and  the  Air  Force  Act,  1950  (45  of  1950),  and  any  other  law,  relating  to  the  Armed  Forces  of  the 
Union, for the time being in force, as to cases in which persons subject to military, naval or air-force law, or such 
other  law,  shall  be  tried  by  a  Court  to  which  this  Code  applies,  or  by  a  Court-martial;  and  when  any  person  is 
brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which 
this Code applies or by a Court-martial,  such Magistrate  shall have regard to such rules, and shall in proper cases 
deliver him, together with a statement of the offence of  which he is accused,  to  the  commanding  officer of the 
unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case 
may be, for the purpose of being tried by a Court-martial. 

Explanation.—In this section— 

(a) “Unit” includes a regiment, corps, ship, detachment, group, battalion or Company, 

(b) “Court-martial” includes  any  Tribunal  with the powers similar to those  of a  Court-martial constituted 

under the relevant law applicable to the Armed Forces of the Union. 

(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any 
unit  or  body  of  soldiers,  sailors  or  airmen  stationed  or  employed  at  any  such  place,  use his  utmost  endeavours  to 
apprehend and secure any person accused of such offence. 

(3)  A  High  Court  may,  if  it  thinks  fit,  direct  that  a  prisoner  detained  in  any  jail  situate  within  the  State  be 

brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial. 

476.  Forms.—Subject  to  the  power  conferred  by  article  227  of  the  Constitution,  the  forms  set  forth  in  the 
Second  Schedule,  with  such  variations  as  the  circumstances  of  each  case  require,  may  be  used  for  the  respective 
purposes therein mentioned, and if used shall be sufficient. 

477. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of the State 

Government, make rules— 

(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to 

it; 

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to 

be charged by them; 

(c) providing a penalty  for a contravention of any of  the rules  so  made  and determining the authority by 

which such contravention may be investigated and the penalties imposed; 

(d) any other matter which is required to be, or may be, prescribed. 

(2) All rules made under this section shall be published in the Official Gazette. 

1[478.  Power  to  alter  functions  allocated  to  Executive  Magistrate  in  certain  cases.—If  the  Legislative 
Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, 
by  notification,  direct  that  references  in  sections  108,  109,  110,  145  and  147  to  an  Executive  Magistrate  shall  be 
construed as references to a Judicial Magistrate of the first class.] 

1. Subs. by Act 63 of 1980, s. 8, for s. 478 (w.e.f. 23-9-1980).  

209 

 
                                                 
STATE AMENDMENT 

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep 

In the Code, as it applies to the Union territories to which this Regulation extends, in sections, 478, the 

words “if the State Legislature by a resolution so requires.” Shall be omitted. 

[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974) s. 6] 

Maharashtra  

Amendment of section 478 of Act 2 of 1974.—In section 478 of the said Code, in clause (b), 
for  the  words  “to  and  Executive  Magistrate  shall  be  construed”  the  words  “to  and  Executive 
Magistrate  in  the  areas  of  the  State  outside  Greater  Bombay  shall  be  construed”  shall  be 
substituted.  

[Vide Maharashtra Act 1 of 1978, s. 4] 

479. Case in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall, except with 
the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he 
is  a  party,  or  personally  interested,  and  no  Judge  or  Magistrate  shall  hear  an  appeal  from  any  judgment  or  order 
passed or made by himself. 

Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case 

by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in 

which an offence is alleged to have been committed, or any other place in which any other transaction material to 

the case is alleged to have occurred, and made an inquiry in connection with the case. 

480. Practising pleader not to sit as Magistrate in certain Courts.—No pleader who practises in the Court of 

any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. 

STATE AMENDMENT 

Karnataka  

Insertion of new section 480A. —After section 480 of the Code of Criminal Procedure, 1973 (Central Act 2 of 

1974) the following Section shall be inserted, namely:— 

“480A.  Other  powers  of  Magistrate.—Any  Judicial  Magistrate  or  Executive  Magistrate  shall  be  entitled  to 

attest,  verify  or  authenticate  any  document  brought  before  him  for  the  purpose  of  attestation,  verification  or 

authentication, as the case may be, and to affix seals thereon, as may be prescribed by any law for the time being in 

force.”. 

[Vide Karnataka Act 35 of 1984, s. 2] 

481. Public servant  concerned in sale not to purchase  or  bid for property.—A public servant  having any 

duty  to  perform  in  connection  with  the  sale  of  any  property  under  this  Code  shall  not  purchase  or  bid  for  the 

property. 

482. Saving of inherent powers of High Court.—Nothing in this Code shall be deemed to limit or affect the 

inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this 

Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 

210 

 
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.—

Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to 

ensure that there is an expeditious and proper disposal of cases by such Magistrates. 

484. Repeal and savings.—(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed. 

(2) Notwithstanding such repeal— 

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application, 

trial,  inquiry  or  investigation  pending,  then,  such  appeal,  application,  trial,  inquiry  or  investigation  shall  be 

disposed  of,  continued,  held  or  made,  as  the  case  may  be,  in  accordance  with  the  provisions  of  the  Code  of 

Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred 

to as the old Code), as if this Code had not come into force:  

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement 

of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code; 

(b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions 

defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, 

made under the Old Code and which are in force immediately before the commencement of this Code, shall be 

deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the 

corresponding provisions of this Code; 

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was 
commenced  under  that  Code,  shall  be  deemed  to  have  been  accorded  or  given  under  the  corresponding 
provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of 
consent; 

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler 

within the  meaning of article 363 of the Constitution. 
(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or 
before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to 
be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is 
prescribed by this Code or provisions are made in this Code for the extension of time. 

Uttar Pradesh 

STATE AMENDMENT 

In section 484 of said Code, in sub-section (2), after clause (d), the following clause shall be inserted 

and be deemed always to have been inserted, namely :— 

“(e) the provisions of the United Provinces Borstal Act, 1938, the United Provinces first Offenders’  
Probation Act, 1938 and the Uttar Pradesh Children Act, 1951, shall continue in force in the State of Uttar 
Pradesh until altered or repealed or amended by the Competent Legislature or other competent authority, 
and  accordingly,  the  provisions  of  section  360  of  this  Code  shall  not  apply  to  that  State,  and  the 
provisions of section 361 shall apply with the substitution of references to the Central Acts named therein 
by references to the corresponding Acts in force in that State.” 

[Vide Uttar Pradesh Act 16 of 1976, s. 10] 

Uttar Pradesh 

In  section  484  of  the  said  Code,  in  sub-section  (2),  the  clause  (a),  after  the  proviso,  the  following 

further proviso shall be inserted, namely :— 

“Provided further that the provisions of section 326 of this Code as amended by the Code of Criminal 
Procedure  (Uttar  Pradesh Amendment)  Act, 1976 shall  apply  also  to every  trial  pending  in a    Court  of 

211 

 
Session  at  the  commencement  of  this  Code  and  also  pending  at  the  commencement  of  the  code  of 
Criminal Procedure (Uttar Pradesh Amendment) Act, 1983.” 

[Vide Uttar Pradesh Act 1 of 1984, s. 11] 

212 

 
THE FIRST SCHEDULE 

CLASSIFICATION OF OFFENCES 

EXPLANATORY NOTES: 

(1)   In regard to offences under the Indian Penal Code, the entries in the second and 
third columns against a section the number of which is given in the first column are 
not intended as the definition of, and the punishment prescribed for, the offence  in 
the Indian Penal Code, but merely as indication of the substance of the section. 

(2)   In  this  Schedule,  (i)  the  expression  “Magistrate  of  the  first  class”  and  “Any 
Magistrate” include Metropolitan Magistrates but not Executive Magistrates; (ii) the 
word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) 
the  word  “non-cognizable”  stands  for  “a  police  officer  shall  not  arrest  without 
warrant”. 

I.–OFFENCES UNDER THE INDIAN PENAL CODE 

Section  

  1 

Offence 

2 

Punishment 

3 

Cognizable or non-
cognizable 
4 

Bailable or Non-
bailable 
5 

By what 
Court triable 
6      

CHAPTER V. –ABETMENT  

Abetment of any offence, if the act abetted is 
committed  in  consequence,  and  where  no 
express provision is made for its punishment. 

Same as for offence 
abetted. 

According as offence 
abetted is cognizable 
or non-cognizable. 

According as 
offence abetted is 
bailable or non-
bailable. 

109 

110 

111 

113 

114 

115 

Abetment of any offence, if the person abetted 
does  the  act  with  a  different  intention  from 
that of the abettor. 

Abetment  of  any  offence,  when  one  act  is 
abetted and  a different act is done; subject to 
the proviso. 

Ditto  

Same as  for offence 
intended to be abetted. 

Abetment  of  any  offence,  when  an  effect  is 
caused  by  the  act  abetted  different  from  that 
intended by the abettor. 

Same as for offence 
committed. 

Abetment of any offence, if abettor is present 
when offence is committed. 

Abetment of an offence, punishable with death 
or imprisonment for life, if the offence be not 
committed in consequence of the abetment. 

Ditto 

Imprisonment for 7 years 
and fine. 

If  an  act  which  causes  harm  be  done  in 
consequence of the abetment. 

Imprisonment for 14 years 
and fine. 

116 

Abetment  of  any  offence,  punishable  with 
imprisonment, if the offence be not committed 
in consequence of the abetment. 

If  the  abettor  or  the  person  abetted      be      a   
public  servant whose duty it is to prevent the 
offence. 

Imprisonment extending to 
a quarter part of the longest 
term  provided 
the 
offence, or fine, or both.  

for 

Imprisonment extending to 
half  of  the  longest  term   
provided for the offence, or 
fine, or both.       

213 

Court by 
which 
offence 
abetted is 
triable. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Non-bailable 

Ditto. 

Ditto 

Ditto. 

Ditto. 

According as 
offence abetted is 
bailable or non-
bailable. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

 
 
 
 
 
2 

3 

4 

5 

1 

117 

118 

119 

120B 

121 

122 

123 

124 

Abetting the commission of an offence by the 
public  or by more than ten persons. 

Imprisonment  for  3  years, 
or fine, or both. 

Concealing  a  design  to  commit  an  offence 
punishable  with  death  or  imprisonment  for 
life, if the offence be committed. 

If the offence be not committed 

A  public  servant  concealing  a  design  to 
commit  an  offence  which  it  is  his  duty  to 
prevent, if the offence be committed. 

If  the  offence  be  punishable  with  death  or 
imprisonment for life. 

If the offence be not committed. 

Imprisonment  for  7  years 
and fine. 

Imprisonment  for  3  years 
and fine. 

Imprisonment extending to 
half  of  the  longest  term 
provided for the offence, or 
fine, or both. 

Imprisonment for 10 years. 

Imprisonment extending to 
a quarter part of the longest 
term  provided 
the 
offence, or fine, or both. 

for 

According as offence 
abetted is cognizable 
or non-cognizable. 

According 
as 
offence  abetted  is 
bailable  or  non-
bailable. 

Ditto 

Non-bailable. 

Ditto 

Ditto 

Ditto 

Ditto 

Bailable. 

According 
as 
offence  abetted  is 
bailable  or  non-
bailable. 

Non-bailable. 

Bailable. 

According 
as 
offence  abetted  is 
bailable  or  non-
bailable. 

6 

Court by 
which 
offence 
abetted is 
triable. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

120 

Concealing  a  design  to  commit  an  offence 
punishable  with  imprisonment,  if  offence  be 
committed. 

If the offence be not committed. 

Ditto 

Ditto 

Ditto 

Bailable. 

Ditto. 

Imprisonment extending to 
one-eighth  part  of 
the 
longest  term  provided  for 
the  offence,  or  fine,  or 
both. 

Criminal  conspiracy  to  commit  an  offence 
punishable  with  death,  imprisonment  for  life 
or rigorous imprisonment for a term of 2 years 
or upwards. 

CHAPTER VA.–CRIMINAL CONSPIRACY 
Same as for abetment of 
the offence which is the 
object of the conspiracy. 

According as the 
offence which is the 
object of conspiracy 
is cognizable or non-
cognizable. 

Any other criminal conspiracy. 

Imprisonment 
6 months, or fine, or both.  

for             

Non-cognizable. 

Waging or attempting to wage war, or abetting 
the waging of war, against the Government of 
India. 

CHAPTER VI.–OFFENCES AGAINST THE STATE 
Death,  or imprisonment 
for life and fine. 

Cognizable. 

According as 
offence which is 
object of 
conspiracy is 
bailable or non-
bailable. 

Bailable. 

Court by 
which 
abetment of 
the offence 
which is the 
object of 
conspiracy is 
triable. 

Magistrate of 
the first 
class. 

Non-bailable. 

Court of 
Session. 

121A 

Conspiring to commit certain offences against 
the State. 

Collecting  arms,  etc.,  with  the  intention  of 
waging war against the Government of India. 

Imprisonment for life, or 
imprisonment for 10 years 
and fine. 

Imprisonment for life, or 
imprisonment for 10 years 
and fine. 

Concealing  with intent to facilitate a design to 
wage war. 

Imprisonment for 10 years  
and fine. 

Assaulting  President,  Governor,  etc.,  with  intent 
to  compel  or  restrain  the  exercise  of  any  lawful 
power.  

Imprisonment  for  7  years 
and fine. 

214 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

 
 
 
 
 
 
 
 
1 

124A 

Sedition 

2 

3 

4 

5 

Imprisonment  for  life  and 
fine,  or  imprisonment  for  
3 years and fine, or fine. 

Cognizable 

Non-bailable 

6 

Court of 
Session. 

125 

126 

127 

128 

129 

130 

131 

132 

133 

134 

135 

136 

137 

138 

Waging  war  against  any  Asiatic  power  in 
alliance  or  at  peace  with  the  Government  of 
India, or abetting the waging of such war. 

Imprisonment  for  life  and 
fine, or imprisonment for 7 
years and fine, or fine. 

Committing  depredation  on  the  territories  of 
any  power  in  alliance  or  at  peace  with  the 
Government of India. 

Imprisonment for 7 years 
and fine, and forfeiture of 
certain property. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto. 

Ditto. 

Receiving  property 
taken  by  war  or 
depredation  mentioned  in  sections  125  and 
126. 

Public servant voluntarily allowing prisoner of 
State or war in his custody to escape.  

Ditto. 

Ditto 

Ditto 

Ditto. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Ditto 

Ditto 

Ditto. 

Public  servant  negligently  suffering  prisoner 
of State of  war in his custody to escape. 

Simple imprisonment for 3 
years and fine. 

Ditto 

          Bailable  

Aiding escape of, rescuing or harbouring, such 
prisoner,  or  offering  any  resistance  to  the 
recapture of such prisoner. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Ditto 

       Non-bailable  

CHAPTER VII.–OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE 
Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Abetting  mutiny,  or  attempting  to  seduce  an 
officer,  soldier,  sailor  or  airman  from  his 
allegiance or duty. 

Cognizable 

    Non-bailable 

Magistrate of 
the 
first 
class. 

Court 
Session. 

of 

Court 
Session. 

of 

Abetment of mutiny, if mutiny is committed in 
consequence thereof. 

Abetment  of  an  assault  by  an  officer,  soldier, 
sailor  or  airman  on  his  superior  officer,  when 
in the execution of his office. 

Death, or imprisonment for 
life,  or  imprisonment  for 
10 years and fine. 

Imprisonment  for  3  years 
and fine. 

Abetment  of  such  assault,  if  the  assault  is 
committed. 

Imprisonment  for  7  years 
and fine. 

Abetment  of  the  desertion  of  an  officer, 
soldier, sailor or airman. 

Imprisonment  for  2  years, 
or fine, or both. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Magistrate  of 
first 
the 
class. 

Ditto 

Ditto 

Ditto 

Ditto 

          Bailable 

Harbouring  such  an  officer,.  soldier,  sailor  or 
airman who has deserted. 

Deserter  concealed  on  board  merchant  vessel, 
through  negligence  of  master  or  person  in 
charge thereof. 

Abetment  of  act  of  insubordination  by  an 
officer, soldier, sailor or airman, if the offence 
be committed in consequence. 

Ditto 

Ditto 

Fine of 500 rupees. 

Non-cognizable 

Imprisonment 
6 months, or fine, or both. 

for              

Cognizable 

Ditto 

Ditto. 

Ditto. 

  Any 
Magistrate. 

Ditto. 

Ditto. 

Ditto. 

140  Wearing the dress or carrying any token used by a 
soldier, sailor or airman with intent that it may be 
believed that he is such a soldier, sailor or airman. 

for 
Imprisonment 
months, 
fine 
or 
500  rupees, or both. 

3 
of           

Ditto. 

Ditto 

Ditto 

143 

144 

145 

Being member of an unlawful assembly. 

CHAPTER VIII.–OFFENCES AGAINST THE PUBLIC TRANQUILITY 
              Cognizable  

for              

Imprisonment 
6 months, or fine, or both.  

Bailable 

Joining an unlawful assembly armed with any 
deadly weapon.  

Joining or continuing in an unlawful assembly, 
knowing  that  it  has  been  commanded  to 
disperse.  

 Imprisonment  for  2  years, 
or fine, or both. 
Ditto 

                Ditto 

Bailable 

                Ditto 

         Ditto 

Any  
Magistrate. 

Ditto 

Ditto. 

147 

Rioting. 

Ditto 

                Ditto 

         Ditto 

Ditto. 

215 

 
1 
148 

149 

2 
Rioting, armed with a deadly weapon.  

3 
 Imprisonment for  3 years, 
or fine, or both. 

4 
Ditto 

5 

Ditto 

If an offence be committed by any member of 
an unlawful assembly, every other member of 
such assembly shall be guilty of the offence. 

same  as 

The 
offence. 

for 

the 

According  as  offence 
is cognizable or  non-
cognizable 

According  as 
offence is bailable 
or non-bailable 

150 

Hiring, engaging or employing persons to take 
part in  an unlawful assembly. 

151 

joining  or  continuing 

Knowingly 
in  any 
assembly  of  five  or  more  persons  after  it  has 
been commanded to disperse. 

The same as for a member 
of  such  assembly,  and  for 
any  offence  committed  by 
such 
any  member  of 
assembly. 
Imprisonment 
months, or fine or both. 

for 

6 

Cognizable 

Ditto 

Ditto 

Bailable 

152 

Assaulting or obstructing  public servant when 
suppressing riot, etc. 

Imprisonment  for  3  years, 
or fine, or  both. 

Ditto 

153 

Wantonly  giving  provocation  with  intent  to 
cause riot, if rioting be committed. 

Imprisonment  for  1  year, 
or fine, or both.  

Ditto 

If not committed. 

Imprisonment 
6 months, or fine, or both. 

Ditto 
for              

153A 

Promoting enmity between classes. 

Promoting enmity between classes in place of 
worship, etc. 
Knowingly carrying arms in any procession or 
organising  or  holding  or  taking  part  in  any 
mass drill or mass training with arms. 

Imprisonment  for  3  years, 
or fine, or both. 
Imprisonment  for  5  years, 
and fine. 
Imprisonment for 6 months 
and fine of 2,000 rupees 

Ditto 

Ditto 

Ditto 

Imputations,  assertions  prejudicial  to  national 
integration. 

Imprisonment  for  3  years, 
or fine,  or both. 

Ditto 

If committed in a place of public worship, etc. 

Imprisonment  for  5  years 
and fine. 

Ditto 

Ditto 

Ditto 

Ditto 

Non-bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Owner  or  occupier  of 
information of riot, etc. 

land  not  giving 

Fine of 1,000 rupees. 

Non-cognizable  

Bailable  

Person for whose benefit or on whose behalf a 
riot  takes  place  not  using  all  lawful  means  to 
prevent it. 

Fine 

Agent of owner or occupier for whose benefit 
a riot is committed not using all lawful means 
to prevent it. 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto 

Harbouring  persons  hired  for  an  unlawful 
assembly. 

Imprisonment for 6 
months, or fine, or both. 

Cognizable 

Ditto 

Being  hired  to  take  part  in  an  unlawful 
assembly or riot. 

Ditto 

Or to go armed. 

160 

Committing affray 

Imprisonment  for  2  years, 
or fine, or  both. 

Imprisonment 
one 
month,  or  fine  of  100 
rupees or both. 

for 

1. Ins. by Act 25 of 2005, s. 42 (date yet to be notified, see appendix) 
2. Subs. by s. 42, for “Ditto”, ibid. (date yet to be notified, see appendix) 

216 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

6 
Magistrate of 
the first 
class. 
The Court by 
which the 
offence is 
triable. 

Ditto. 

Any 
Magistrate. 

Magistrate of 
the first 
class. 

Any 
Magistrate. 

Magistrate of 
the first 
class. 

Ditto 

Ditto 

Any 
Magistrate.] 

2[Magistrate 
of the first-
class.] 
Ditto 

     Any     
Magistrate. 

Ditto 

Ditto 

Ditto 

Ditto. 

1[153A
A 

153B 

154 

155 

156 

157 

158 

 
 
 
 
 
 
                                                 
1 

2 
3 
CHAPTER IX.–OFFENCES BY OR RELATING TO PUBLIC SERVANTS 

4 

5 

6 

             Cognizable 

       Non-bailable  

161  Being or  expecting to be a public servant, and 
taking a gratification other  than legal 
remuneration in respect of an official act. 

Imprisonment for 3 years, 
or fine, or both. 

162 

163 

Taking  a  gratification  in  order,  by  corrupt  or 
illegal means, to influence a public servant.  

Ditto 

Taking  a  gratification  for  the  exercise  of 
personal influence with  a public servant. 

Simple imprisonment for    
1 year, or fine, or both. 

164  Abetment  by  public  servant  of  the  offences 
defined  in  the  last  two  preceding  clauses  with 
reference to himself.  

Imprisonment for 3 years, 
or fine, or both. 

Ditto 

Ditto 

Ditto 

 Magistrate 
of the first 
class. 

Ditto. 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto. 

165 

Public  servant  obtaining  any  valuable  thing, 
without consideration, from a person concerned 
in  any  proceeding  or  business  transacted  by 
such public servant. 

Ditto 

Ditto 

Ditto 

Ditto. 

165A  Punishment 

for 

abetment 

of 

offences 

Ditto 

Ditto 

Ditto 

Ditto. 

punishable under section 161 or section 165. 

166 

Public servant disobeying a direction of the law 
with intent to cause injury to any person. 

Simple imprisonment for   
1 year, or fine, or both. 

      Non-cognizable  

          Bailable  

Ditto. 

1[166A  Public servant disobeying direction under law 

166B  Non-treatment of victim by hospital 

Imprisonment  for 
minimum 6 months 
which may extend to 2 
years and fine. 

Imprisonment for 1 year 
or fine or both. 

Cognizable 

Bailable 

Non-cognizable 

Bailable 

167 

Public  servant  framing  an  incorrect  document 
with  intent to cause injury. 

Imprisonment for 3 years, 
or fine, or both. 

        Cognizable 

Ditto. 

Magistrate of 
the first class 

Magistrate of 
the first 
class.] 

Ditto. 

168 

Public servant unlawfully engaging in trade. 

169 

Public servant unlawfully buying or bidding for 
property. 

170 

Personating a public servant. 

Simple imprisonment for 
1 year, or fine, or both. 

Simple imprisonment for 
2 years, or fine, or both 
and confiscation of 
property, if purchased. 

Imprisonment for 2 years 
or fine, or   both . 

    Non-cognizable 

Ditto 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

       Cognizable 

      Non-bailable  

Any  
Magistrate. 

171  Wearing garb or carrying token used by public 

servant with fraudulent intent. 

Imprisonment 
3  months, or fine of 200 
rupees, or both. 

for              

Ditto 

           Bailable  

Ditto. 

171E  Bribery. 

CHAPTER IXA.—OFFENCES RELATING TO ELECTIONS 
Imprisonment for 1 year or 
fine, or   both, or if treating 
only, fine only.  

      Non-cognizable 

171F  Undue influence at an election. 

Personation at an election 

171G  False statement in connection with an election. 

Imprisonment for one year,  
or fine, or   both. 

Ditto 

Ditto 

Fine 

Cognizable 

      Non-cognizable 

  171H 

Illegal payments in connection with elections. 

Fine of 500 rupees. 

  171-I 

Failure to keep election accounts. 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto 

 Magistrate 
of      the  first 
class. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

1. Ins. by Act 13 of 2013, s. 24 (w.e.f. 3-2-2013).  

217 

 
 
 
                                                 
 
1 

2 

3 

4 

5 

6 

CHAPTER X.–CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS 

172 

Absconding  to  avoid  service  of  summons  or 
other proceeding from a public servant. 

If  summons  or  notice  require  attendance  in 
person, etc., in a Court of Justice. 

173 

Preventing  the  service  or  the  affixing  of  any 
summons of notice, or the removal of it when 
it  has  been  affixed,  or  preventing  a 
proclamation. 

If summons, etc., require attendance in person, 
etc., in a Court of Justice. 

Simple  imprisonment  for    
1  month,  or  fine  of  500 
rupees, or both. 

Simple  imprisonment  for  
6 months, or fine of  1,000 
rupees, or both 

Simple  imprisonment  for   
1  month,  or  fine  of  500 
rupees, or both. 

Simple  imprisonment  for  
6 months, or fine of  1,000 
rupees, or both 

174 

Not obeying a legal order to attend at a certain 
place in person or by agent, or departing there 
from without authority. 

Simple  imprisonment  for   
1  month,  or  fine  of  500 
rupees, or both. 

Simple  imprisonment  for  
6 months, or fine of  1,000 
rupees, or both. 

Imprisonment  for  3  years, 
or with fine, or with both 

If  the  order  requires personal  attendance,  etc., 
in a Court of Justice. 

1[174A  Failure  to  appear  at  specified  place  and 
specified  time  as  required  by  a  proclamation 
published  under  sub-section  (1)  of  section  82 
of this Code 

In  a  case  where  declaration  has  been  made 
under  sub-section  (4)  of  section  82  of  this 
Code  pronouncing  a  person  as  proclaimed 
offender 

Non-cognizable 

  Bailable  

Any Magistrate. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Cognizable 

Non-bailable 

Magistrate of the first 
class. 

Imprisonment  for  7  years 
and fine 

Ditto 

Ditto 

Ditto]. 

175 

Intentionally  omitting  to  produce  a  document 
to  a  public  servant  by  a  person  legally  bound 
to produce or deliver such document. 

Simple  imprisonment  for     
1  month,  or  fine  of  500 
rupees, or both. 

2[Non-
cognizable] 

2[Bailable] 

The  Court  in  which 
the 
is 
offence 
committed, subject to 
the 
of 
provisions 
Chapter  XXVI;  or,  if  
not  committed,  in  a 
court, any Magistrate. 

If  the  document  is  required  to be  produced  in 
or delivered to a Court of Justice. 

176 

Intentionally  omitting 
to  give  notice  or 
information  to  a  public  servant  by  a  person 
legally  bound 
to  give  such  notice  or 
information. 

If  the  notice  or  information  required  respects 
the commission of an offence, etc. 

Simple  imprisonment  for  
6 months, or fine of  1,000 
rupees, or both. 

Simple  imprisonment  for   
1  month,  or  fine  of  500 
rupees, or both. 

Simple  imprisonment  for  
6 months, or fine of  1,000 
rupees, or both. 

If  the  notice  or  information  is  required  by  an 
order  passed  under  sub-section  (1)  of  section 
356 of this Code. 

 Imprisonment  for            
6 months, or fine of  1,000 
rupees, or both. 

177 

Knowingly  furnishing  false  information  to  a 
public servant. 

Ditto 

the 

information  required  respects 

If 
commission of an offence, etc. 

the 

Imprisonment  for  2  years, 
or fine, or both. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Any Magistrate. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

1.  Ins. by Act 25 of 2005, s. 42 (w.e.f. 23-6-2006). 
2.  Subs. by s. 42, ibid., for the word “Ditto”, for the respective entries in column 4 and 5 relating to s.175  (w.e.f. 23-6-2006). 

218 

 
 
 
 
 
 
 
 
 
                                                 
1 

178 

179 

180 

181 

182 

183 

184 

185 

2 

3 

4 

5 

6 

Refusing oath when duly required to take oath 
by a public servant. 

Simple  imprisonment  for  
6  months,  or 
1,000 rupees, or both. 

fine  of     

Non-cognizable 

Bailable 

The Court in which 
the offence is 
committed, subject to 
the provisions of 
Chapter XXVI; or, if 
not committed in a 
Court, any 
Magistrate. 

Being legally bound to state truth, and refusing 
to answer questions.  

Refusing to sign a statement made to a public 
servant when legally required to do so.  

Ditto 

Ditto 

 Ditto 

             Ditto. 

Simple imprisonment for 3 
months,  or  fine  of  500 
rupees, or both. 

Ditto 

Ditto 

Ditto. 

Knowingly stating to a public servant on oath 
as true that which is false. 

Imprisonment  for  3  years 
and fine. 

Ditto 

Ditto 

Magistrate of the first 
class. 

Giving false information to a public servant in 
order to cause him to use his lawful power to 
the injury or annoyance of any person. 

for 

Imprisonment 
6 
months,  or  fine  of  1,000 
rupees, or both. 

Ditto 

Ditto 

Any Magistrate.. 

Resistance  to  the  taking  of  property  by  the  
lawful  authority of a public servant. 

Obstructing sale of property offered for sale by 
authority of a public servant. 

Ditto 

Ditto 

Ditto 

Ditto. 

Imprisonment for 1 month, 
or fine of 500 rupees, or 
both. 

Ditto 

Ditto 

Ditto. 

Bidding,  by  a  person  under  a  legal  incapacity 
to  purchase  it,  for  property  at  a  lawfully        
authorised    sale,  or  bidding  without  intending 
to perform the  obligations incurred thereby. 

Imprisonment for 1 month, 
or fine of 200 rupees, or 
both. 

Ditto 

Ditto 

Ditto. 

186 

Obstructing  public  servant  in  discharge  of  his 
public functions. 

187 

Omission to assist public servant when bound 
by law to give such assistance. 

Imprisonment for 3 
months, or fine of 500 
rupees, or both. 

Simple imprisonment for 1 
month,  or  fine  of  200 
rupees, or both. 

Wilfully neglecting to aid a public servant who 
demands  aid  in  the  execution  of  process,  the 
prevention of offences, etc.  

Simple imprisonment for 6 
months,  or  fine  of  500 
rupees, or both.  

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

188 

189 

190 

to 

order 

lawfully 
an 
Disobedience 
promulgated  by  a  public  servant,  if  such 
disobedience causes obstruction, annoyance or 
injury to persons lawfully employed. 

Simple imprisonment for 1 
month,  or  fine  of  200 
rupees, or both. 

Cognizable 

Ditto 

Ditto. 

If  such  disobedience  causes  danger  to  human 
life, health or safety, etc. 

for 

6 
Imprisonment 
months,  or  fine  of  1,000 
rupees, or both. 

Ditto 

Ditto 

Ditto. 

Threatening  a  public  servant  with  injury  to 
him or one in whom he is interested, to induce 
him to do or forbear to do any official act. 

Imprisonment  for  2  years, 
or fine, or both. 

        Non-
cognizable 

Ditto 

Ditto. 

Threatening  any  person  to  induce  him  to 
refrain  from  making  a  legal  application  for 
protection from injury. 

Imprisonment  for  1  year, 
or fine, or both. 

Ditto 

Ditto 

Ditto. 

219 

 
 
 
 
 
 
 
 
1 

2 

3 

4 

5 

6 

CHAPTER XI.–FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 

193 

Giving  or  fabricating  false  evidence  in  a 
judicial proceeding. 

Imprisonment for 7 years 
and fine. 

Non-cognizable 

Bailable 

Magistrate of the first 
class. 

Giving  or  fabricating  false  evidence  in  any 
other case 

Imprisonment for 3 years 
and fine. 

194 

Giving or fabricating false evidence with 
intent to cause any person to be convicted of 
capital  offence. 

Imprisonment for life, or 
rigorous imprisonment for 
10 years and fine. 

Ditto 

Ditto 

Ditto 

Any Magistrate. 

Non-
bailable 

Court of session. 

If  innocent  person  be  thereby  convicted  and 
executed. 

195 

Giving  or  fabricating  false  evidence  with 
intent  to  procure  conviction  of  an  offence 
punishable with imprisonment for life or with 
imprisonment for 7 years, or upwards. 
1[195A  Threatening any person to give false evidence. 

Death, or as above. 

Ditto 

Ditto 

Ditto. 

The same as for the 
offence. 

Ditto 

Ditto 

Ditto. 

Imprisonment for 7 years, 
or fine, or both. 

Cognizable 

Ditto 

Court by which 
offence of giving 
false evidence is 
triable. 

If innocent person is convicted and sentenced 
in  consequence  of  false  evidence  with  death, 
or imprisonment for more than seven years. 

The same as for the 
offence. 

Ditto 

Ditto 

Ditto] 

in  a 

Using 
known to be false or fabricated. 

judicial  proceeding  evidence 

The same as for giving or 
fabricating false evidence. 

2[Non-cognizable] 

According 
as  offence 
of  giving 
such 
evidence 
is  bailable 
or 
non-
bailable. 

Bailable 

Ditto 

Ditto 

Ditto 

Court by which 
offence of giving or 
fabricating false 
evidence is triable. 

Court by  which 
offence of giving false 
evidence is triable. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Court of Session. 

Ditto 

Ditto 

Ditto 

Ditto 

Magistrate of the first 
class. 

Court by which the 
offence is triable. 

Any Magistrate. 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

as 

the 
According 
offence  in  relation  to 
which  disappearance 
of  evidence  is  caused 
is  cognizable  or  non-
cognizable. 

      Non-cognizable  

Ditto 

Ditto 

Ditto 

issuing  or 

false 
Knowingly 
certificate  relating  to  any  fact  of  which  such 
certificate is by law admissible in evidence. 

signing  a 

Using  as  a  true  certificate    one  known  to  be 
false in a material point. 

False statement made in any declaration which 
is by law receivable as evidence. 

Using  as  true  any  such  declaration  known  to 
be false. 

Causing  disappearance  of  evidence  of  an 
offence 
false 
information touching it to screen the offender, 
if a capital offence. 

committed, 

giving 

or 

Ditto 

Ditto 

Ditto 

Ditto 

Imprisonment  for  7  years 
and fine. 

If  punishable  with  imprisonment  for  life  or 
imprisonment for 10 years. 

Imprisonment  for  3  years 
and fine.  

If  punishable  with 
imprisonment.  

less 

than  10  years’ 

the 

Imprisonment for a quarter 
term 
of 
provided for the offence, or 
fine, or both.  

longest 

202 

203 

Intentional omission to give information of an 
offence by a person legally bound to inform. 

Imprisonment 
months, or fine, or both. 

for 

6 

Giving false information respecting an offence 
committed. 

Imprisonment  for  2  years, 
or fine, or both. 

1.  Ins. by Act 2 of 2006, s. 7 (w.e.f. 16-4-2006). 
2.  Subs. by s. 7, ibid. for the word “Ditto”, occurring in column 4 relating to s.196  (w.e.f. 16-4-2006). 

220 

196 

197 

198 

199 

200 

201 

 
 
 
 
 
 
 
                                                 
2 

3 

Secreting  or  destroying  any  document  to 
prevent its production as evidence. 

Imprisonment  for  2  years, 
or fine, or both. 

4 
Non-cognizable  

Imprisonment  for  3  years, 
or fine, or both.  

Imprisonment  for  2  years, 
or fine, or both. 

Ditto 

Ditto 

5 

6 

Bailable   Magistrate of the first 
class. 

Ditto 

Ditto 

Ditto 

Any Magistrate. 

1 

204 

205 

206 

207 

208 

False  personation  for    the  purpose  of  any  act 
suit  or  criminal 
in  a 
or  proceeding 
prosecution, or for becoming bail or security. 

Fraudulent  removal  or  concealment,  etc.,  of 
property  to  prevent  its  seizure  as  a  forfeiture 
or  in  satisfaction  of  a  fine  under  sentence,  or  in 
execution of a decree. 

Claiming  property  without  right,  or  practicing 
deception  touching  any  right  to  it,  to  prevent  its 
being taken as a forfeiture, or in satisfaction of a 
fine under sentence, or in execution of a decree. 

Fraudulently  suffering  a  decree  to  pass  for  a 
sum  not  due,  or  suffering  decree  to  be 
executed after it has been satisfied. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

212 

Harbouring  an  offender,  if  the  offence  be 
capital. 

Imprisonment for 5 years 
and fine. 

Cognizable 

209 

False claim in a Court of Justice. 

210 

211 

Fraudulently obtaining a decree for a sum not 
due, or causing a decree to be executed after it 
has been satisfied. 

False  charge  of  offence  made  with  intent  to 
injure.     
If  offence  charged  be  punishable  with 
imprisonment for 7 years or upwards. 

If  offence  charged  be  capital  or  punishable 
with imprisonment for life.  

Imprisonment for 2 years 
and fine. 
Imprisonment for 2 years, 
or fine, or both. 

Ditto 

Imprisonment  for  7  years 
and fine.  

Ditto 

If  punishable  with  imprisonment  for  life  or 
with imprisonment for 10 years. 

Imprisonment for 3 years 
and fine. 

If  punishable  with  imprisonment  for  1  year 
and not for 10 years. 

Imprisonment for a quarter 
of the longest term, and of 
the descriptions, provided 
for the offence, or fine, or 
both. 

213 

Taking  gift,  etc.,  to  screen  an  offender  from 
punishment if the offence be capital. 

Imprisonment for 7 years 
and fine. 

If  punishable  with  imprisonment  for  life  or 
with imprisonment for 10 years. 

Imprisonment for 3 years 
and fine. 

If punishable with imprisonment for less than  
10 years. 

214 

Offering  gift  or  restoration  of  property  in 
consideration  of  screening  offender  if  the 
offence be capital. 

Imprisonment for a quarter 
of the longest term 
provided for the offence, or 
fine, or both. 

Imprisonment for 7 years 
and fine. 

If  punishable  with  imprisonment  for  life  or 
with imprisonment for 10 years. 

Imprisonment for 3 years 
and fine. 

If punishable with imprisonment for less than 
10 years. 

215 

Taking  gift  to  help  to  recover  movable 
property of which a person has been deprived  
by an offence without causing apprehension of 
offender. 

Imprisonment for a quarter 
of the longest term, 
provided for the offence, or 
fine, or both. 

Imprisonment for 2 years, 
or fine, or both. 

221 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Non-cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Magistrate of the first 
class. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Court of Session. 

Magistrate of the first 
class. 
Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Cognizable 

Ditto 

Ditto. 

 
 
 
 
 
 
 
 
 
 
1 

216 

2 

3 

4 

5 

6 

Harbouring an offender who has escaped from 
custody,  or  whose  apprehension  has  been 
ordered, if the offence be capital. 

Imprisonment for 7 years 
and fine.  

Cognizable 

Bailable  Magistrate of the first 

class. 

If  punishable  with  imprisonment  for  life  or 
with imprisonment for 10 years. 

Imprisonment for 3 years, 
with or without fine. 

If  punishable  with  imprisonment  for  1  year 
and not for 10 years. 

216A  Harbouring robbers or dacoits. 

217 

218 

219 

220 

221 

Public servant disobeying a direction of law with 
intent  to  save  person  from  punishment,  or 
property from forfeiture. 

Public servant framing an    incorrect record or 
writing  with  intent  to  save  person  from 
punishment, or property from forfeiture. 

in  a 

Public  servant 
judicial  proceeding 
corruptly  making  and  pronouncing  an  order, 
report, verdict, or decision which he knows to 
be contrary to law. 

Commitment  for  trial  or  confinement  by  a 
person having authority, who knows that he is 
acting contrary to law. 

Intentional  omission  to  apprehend  on  the  part 
of a public servant bound by law to apprehend 
an offender, if the offence be capital. 

Ditto 

Ditto 

Ditto 

Non-cognizable 

Imprisonment for a quarter 
of the longest term 
provided for the offence, or 
fine, or both. 

Rigorous imprisonment for 
7 years and fine. 

Imprisonment for 2 years, 
or fine, or both. 

Imprisonment for 3 years, 
or fine, or both. 

Cognizable 

Imprisonment for 7 years, 
or fine, or both. 

Non- cognizable 

Ditto 

Ditto 

Imprisonment for 7 years, 
with or without fine. 

as 

the 
According 
offence  in  relation  to 
which  such  omission 
has  been  made 
is 
cognizable  or  non-
cognizable. 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

If  punishable  with  imprisonment  for  life  or 
imprisonment for 10 years. 

Imprisonment for 3 years, 
with or without fine. 

If  punishable  with  imprisonment  for  less  than 
10 years. 

Imprisonment for 2 years, 
with or without fine. 

222 

Intentional  omission  to  apprehend  on  the  part 
of a public servant bound by law to apprehend 
person under  sentence  of a Court  of Justice if 
under sentence of death. 

Imprisonment for life, or 
imprisonment for 14 years, 
with or without fine. 

If  under  sentence  of  imprisonment  for  life  or 
imprisonment for 10 years, or upwards. 

Imprisonment for 7 years, 
with or without fine. 

If  under  sentence  of  imprisonment  for  less 
lawfully  committed  to 
than  10  years  or 
custody. 

Imprisonment for 3 years, 
or fine, or both. 

223 

224 

225 

Escape from confinement negligently suffered 
by a public servant. 

Simple imprisonment for  
2 years, or fine, or both. 

Non-cognizable 

Resistance  or  obstruction  by  a  person  to  his 
lawful apprehension.  

Resistance  or  obstruction 
lawful 
apprehension  of  any  person,  or  rescuing  him 
from lawful custody. 

the 

to 

Imprisonment for 2 years, 
or fine, or both. 
Ditto 

If  charged  with  an  offence  punishable  with 
imprisonment  for  life  or  imprisonment  for  10 
years. 

Imprisonment for 3 years 
and fine. 

If charged with a capital offence. 

Imprisonment for 7 years 
and fine. 

222 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Non-
bailable 

Ditto. 

Ditto. 

Ditto. 

Any Magistrate. 

Magistrate of the first 
class. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Court of Session. 

Ditto 

Bailable 

Magistrate of the first 
class. 

Ditto. 

Ditto 

Ditto 

Ditto 

Any Magistrate. 

Ditto. 

Ditto. 

Non-
bailable 

Magistrate of the first 
class. 

Ditto 

Ditto. 

 
 
 
 
 
 
 
 
 
 
225A 

225B 

227 

228 

231 

232 

1 

2 

If the person is sentenced to imprisonment for 
life, or imprisonment for 10 years, or upwards. 

If under sentence of death 

3 

Imprisonment  for  7  years 
and fine. 
Imprisonment for life, or 
imprisonment for 10 years 
and fine. 

4 
  Cognizable  

Ditto 

5 

Non-
bailable  
Ditto 

6 
Magistrate of the first 
class. 
Court of Session. 

Omission  to  apprehend,  or  sufferance  of 
escape  on  part  of  public  servant,  in  cases  not 
otherwise provided for:– 
in  case  of 
  (a) 
sufferance;  
  (b) 
sufferance. 

in  case  of  negligent  omission  or 

intentional  omission  or 

to 

or 

obstruction 

lawful 
Resistance 
apprehension, or escape or rescue in cases not 
otherwise provided for. 
Violation  of  condition  of 
punishment. 

remission  of 

Imprisonment for 3 years, 
or fine, or both.                                    
Simple imprisonment for  
2 years, or fine, or both. 

Non-cognizable 

Bailable 

Ditto 

   Ditto 

Magistrate of the first 
class. 

Any Magistrate. 

Imprisonment 
6 months, or fine, or both. 

for              

Cognizable 

Ditto 

Ditto. 

Punishment  of  original 
sentence,  or  if  part  of  the 
been 
punishment 
undergone, the residue. 

has 

Ditto 

Non-
bailable 

The  Court  by  which 
the  original  offence 
was triable. 

Intentional  insult  or  interruption  to  a  public 
servant  sitting  in  any  stage  of  a  judicial  
proceeding. 

Simple imprisonment for 6 
months,  or  fine  of  1,000 
rupees, or both. 

Non-cognizable 

Bailable 

1[228A 

229 

Disclosure  of  identity  of the  victim of  certain 
offences, etc. 
Printing  or  publication  of  a  proceeding 
without prior permission of court. 
Personation of a juror or assessor.  

2[229A  Failure  by  person  released  on  bail  or  bond  to 

appear in Court 

Imprisonment 
years and fine. 

Ditto 

for 

two 

     Cognizable  

Ditto 

Ditto 

Ditto 

Imprisonment  for  2  years, 
or fine, or both. 
Imprisonment  for  1  year, 
or fine, or both 

Non-cognizable 

Ditto 

Cognizable 

Non-
bailable 

CHAPTER XII.–OFFENCES RELATING TO COIN AND GOVERNMENT STAMPS 

The Court in which the 
offence is committed 
subject to the provisions 
of Chapter XXVI. 

Any Magistrate. 

Ditto.] 

Magistrate of the first 
class. 
Any Magistrate.] 

Counterfeiting,  or  performing  any  part  of  the 
process of counterfeiting, coin. 

Imprisonment  for  7  years 
and fine. 

          Cognizable  

    Non-bailable  

Counterfeiting,  or  performing  any  part  of  the 
process of counterfeiting, Indian coin. 

233  Making,  buying  or  selling  instrument  for  the 

purpose of counterfeiting  coin. 

234  Making,  buying  or  selling  instrument  for  the 

purpose of counterfeiting Indian coin. 

235 

Possession  of  instrument  or  material  for  the 
purpose  of  using  the  same  for  counterfeiting 
coin. 

If Indian coin. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Imprisonment  for  3  years 
and fine.  

Imprisonment  for  7  years 
and fine. 

Imprisonment  for  3  years 
and fine. 

Imprisonment  for  10  years 
and fine. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Magistrate of 
the first class. 

Court of 
Session. 

Magistrate of 
the first 
class. 

Court of 
Session. 

Magistrate of 
the first 
class. 

Court of 
Session. 

1.  Ins. by Act 43 of 1983, s. 5 (w.e.f. 25.12.1983). 
2.  Ins. by Act 25 of 2005, s. 42 (w.e.f. 23-6-2006). 

223 

 
 
 
 
 
 
 
 
 
        
        
 
                                                 
2 

3 

4 

5 

1 

236 

237 

241 

242 

243 

244 

245 

246 

247 

248 

249 

250 

251 

252 

253 

254 

Abetting,  in  India,  the  counterfeiting,  out  of 
India, of coin. 

The punishment provided for 
abetting the counterfeiting of 
such coin within India.  

Import or export of counterfeit coin, knowing the 
same to be counterfeit.  

Imprisonment  for  3  years 
and fine. 

238  

Import  or  export  of  counterfeit  of  Indian  coin, 
knowing the same to be counterfeit. 

239 

 Having any counterfeit coin known to be such when 
it  came  into  possession,  and  delivering,  etc.,  the 
same to any person. 

240 

Same with respect to Indian coin. 

Knowingly  delivering  to  another  any  counterfeit 
coin as genuine, which, when first possessed, the 
deliverer did not know to be counterfeit. 

Possession  of  counterfeit  coin  by  a  person  who 
knew  it  to  be  counterfeit  when  he  became 
possessed thereof. 

Possession of Indian coin by a person who knew 
it  to  be  counterfeit  when  he  became  possessed 
thereof. 

Person employed in a Mint causing coin to be of 
a different weight or composition from that fixed 
by law. 

Unlawfully  taking  from  a  Mint  any  coining 
instrument. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Imprisonment  for  5  years 
and fine. 

Imprisonment  for  10  years 
and fine. 

Imprisonment  for  2  years, 
or  fine,  or  10  times  the 
value 
coin 
of 
counterfeited, or both. 

the 

Imprisonment  for  3  years 
and fine. 

Imprisonment  for  7  years 
and fine. 

Ditto 

Ditto 

Fraudulently  diminishing  the  weight  or  altering 
the composition of Indian coin. 

Imprisonment  for  3  years 
and fine. 

Fraudulently  diminishing  the  weight  or  altering 
the composition of Indian coin. 

Imprisonment  for  7  years 
and fine. 

Altering appearance of any coin with intent that it 
shall pass as a coin of a different description. 

Imprisonment  for  3  years 
and fine. 

Altering  appearance  of  Indian  coin  with  intent 
that  it  shall  pass  as  a  coin  of  a  different 
description. 

Imprisonment  for  7  years 
and fine. 

Delivery  to  another  of  coin  possessed  with  the 
knowledge that it is altered. 

Imprisonment  for  5  years 
and fine. 

Delivery  of  Indian  coin  possessed  with  the 
knowledge that it is altered. 

Imprisonment  for  10  years 
and fine. 

Possession of altered coin by a person who knew 
it  to  be  altered  when  he  became  possessed 
thereof. 

Possession of Indian coin by a person who knew 
it  to  be  altered  when  he  became  possessed 
thereof. 

Imprisonment  for  3  years 
and fine. 

Imprisonment  for  5  years 
and fine. 

Delivery  to  another  of  coin  as  genuine  which, 
when first possessed, the deliverer did not know 
to be altered. 

Imprisonment  for  2  years 
or  fine,  or  10  times  the 
value of the coin. 

255 

Counterfeiting a Government stamp. 

256 

Having  possession  of  an  instrument  or  material 
for  the  purpose  of  counterfeiting  a  Government 
stamp. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Imprisonment  for  7  years 
and fine. 

224 

          Cognizable  

    Non-bailable  

Ditto 

Ditto 

Ditto 

Ditto 

   Ditto 

  Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

6 

Court of 
Session. 

Magistrate of 
the first 
class. 

Court of 
Session. 

Magistrate of 
the first 
class. 

Court of 
Session. 

Any 
Magistrate. 

Magistrate of 
the first 
class. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Court of 
Session. 

Magistrate of 
the first 
class. 

Ditto. 

Any 
Magistrate. 

Court of 
Session. 

Magistrate of 
the first 
class. 

 
 
1 

2 

3 

4 

5 

6 

257  Making,  buying  or  selling  instrument  for  the 

purpose of counterfeiting a Government stamp. 

Imprisonment  for  7  years 
and fine. 

Cognizable 

Non-bailable 

258 

259 

260 

261 

262 

263 

Sale of counterfeit Government stamp. 

Having  possession  of  a  counterfeit  Government 
stamp. 

Ditto 

Ditto 

Using as genuine a Government stamp known to 
be counterfeit.  

Imprisonment  for  7  years, 
or fine, or both. 

Effacing any  writing  from a substance bearing a 
Government stamp, removing from a document a 
stamp  used  for  it,  with  intent  to  cause  a  loss  to 
Government. 

Imprisonment  for  3  years, 
or fine, or both.  

Using a  Government  stamp  known  to  have been 
before used. 

Imprisonment  for  2  years, 
or fine,  or both.  

Erasure  of  mark denoting that  stamps  have  been 
used. 

Imprisonment  for  3  years, 
or fine, or both.  

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Bailable 

Ditto 

Ditto 

Ditto 

Ditto 

263A  Fictitious stamps  

Fine of 200 rupees 

Ditto 

Ditto 

CHAPTER XIII.–OFFENCES RELATING TO WEIGHTS AND MEASURES 

264 

Fraudulent use of false instrument for weighing. 

265 

266 

Fraudulent use of false weight or measure. 

Being in possession of false weights or measures 
for fraudulent use. 

Imprisonment for 1 year, 
or fine, or both. 
Ditto 
Ditto 

   Non-cognizable  

Bailable 

Ditto 
Ditto 

Ditto 
Ditto 

267  Making or selling false weights or measures for 

Ditto. 

        Cognizable   

     Non-bailable  

fraudulent use. 

Magistrate of 
the first 
class. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Any 
Magistrate. 

Magistrate of 
the first 
class. 

Any 
Magistrate. 

Any 
Magistrate. 
Ditto. 
Ditto. 

Ditto. 

CHAPTER XIV.–OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 

269 

270 

Negligently doing any act known to be likely to 
spread  infection  of  any  disease  dangerous  to 
life. 

Malignantly  doing  any  act  known  to  be  likely 
to spread infection of any disease dangerous to 
life. 

271 

Knowingly disobeying any quarantine rule. 

272 

273 

274 

275 

276 

Adulterating food or drink intended for sale, so 
as to make the same noxious. 

Selling  any  food  or  drink  as  food    and  drink, 
knowing the same to be noxious. 

Adulterating  any  drug  or  medical  preparation 
intended for sale so as to lessen its efficacy, or 
to change its operation, or to make it noxious. 

Offering  for  sale  or  issuing  from  a  dispensary 
any drug or medical preparation known to have 
been adulterated. 

Knowingly selling or issuing from a dispensary 
any  drug  or  medical  preparation  as  a  different 
drug or medical preparation. 

Imprisonment for 6 
months, or fine, or both. 

    Cognizable  

     Bailable  

Any 
Magistrate. 

Imprisonment for 2 years, 
or fine, or both. 

Imprisonment for 6 
months, or fine, or both. 

Imprisonment for 6 
months, or fine of 1,000 
rupees, or both. 
Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

   Non-cognizable  

Ditto 

Ditto. 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

1[Non-bailable] 

Ditto. 

Ditto 

 2[Bailable] 

Ditto. 

Ditto 

Ditto 

Ditto. 

1.  Subs. by Act 25 of 2005, s. 42(f)(i),  for the word “Ditto”, occurring  in column 5 relating to s. 274  (w.e.f. 23-6-2006). 
2 . Subs. by s. 42 (f) (ii), ibid., for the word “Ditto”, occurring in column 5 relating to s. 275 (w.e.f. 23-6-2006).  

225 

 
                                                 
1 

277 

278 

279 

 280 

282 

283 

284 

285 

286 

287 

288 

289 

290 

291 

2 

3 

4 

5 

6 

Defiling  the  water  of  a  public  spring  or 
reservoir. 

Imprisonment for 3 
months, or fine of 500 
rupees, or both. 

Cognizable 

Bailable 

Any 
Magistrate. 

Making atmosphere noxious to health. 

Fine of 500 rupees 

Non-cognizable 

Driving or riding on a public way so rashly or 
negligently as to endanger human life, etc. 

Imprisonment for 6 
months, or fine of 1,000 
rupees, or both. 

Cognizable 

Navigating  any  vessel  so  rashly  or  negligently 
as to endanger human life, etc. 

Ditto 

Ditto 

Ditto 

281 

Exhibition of a false light, mark or buoy. 

Imprisonment for 7 years, 
or fine, or both. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 

Magistrate of 
the first 
class. 

Any 
Magistrate. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Non-cognizable 

Ditto 

Ditto 

Cognizable 

Ditto 

Ditto. 

Committing a public nuisance. 

Fine of 200 rupees 

Non-cognizable 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 

Conveying  for  hire  any  person  by  water,  in  a 
vessel  in  such  a  state,  or  so  loaded,  as  to 
endanger his life. 

Imprisonment for 6 
months, or fine of 1,000 
rupees, or both. 

Causing  danger,  obstruction  or,  injury  in  any 
public way or line of navigation. 

Fine of 200 rupees. 

Dealing with any poisonous substance so as to 
endanger human life, etc. 

Imprisonment for 6 
months, or fine of 1,000 
rupees, or both. 

Ditto 

Ditto 

Ditto 

Ditto 

Dealing with fire or any combustible matter so 
as to endanger human life, etc. 

So dealing with any explosive substance. 

So dealing with any machinery. 

A  person  omitting  to  guard  against  probable 
danger to human life by the fall of any building 
over which he has a right entitling him to pull it 
down or repair it. 

A  person  omitting  to  take  order  with  any 
animal in his possession, so as to guard against 
danger to human life, or of grievous hurt, from 
such animal. 

Continuance  of  nuisance  after  injunction  to 
discontinue. 

Simple imprisonment for 6 
months, or fine, or both. 

292 

Sale, etc., of obscene books, etc. 

293 

Sale, etc., of obscene objects to young persons. 

294 

Obscene songs 

294A 

Keeping a lottery office 

On first conviction, with 
imprisonment for 2 years, 
and with fine of 2,000 
rupees, and, in the event of 
second or subsequent 
conviction, with 
imprisonment for five 
years, and with fine of 
5,000 rupees. 

On first conviction, with 
imprisonment for 3 years, 
and with fine of 2,000 
rupees, and in the event of 
second or subsequent 
conviction, with 
imprisonment for 7 years, 
and with fine of 5,000 
rupees. 

Imprisonment for 3 
months, or fine  or  both. 

Imprisonment for 6 
months, or fine,  or  both. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

    Non-cognizable  

Ditto 

Ditto. 

Publishing proposals relating to lotteries. 

Fine of 1,000 rupees 

Ditto 

Ditto 

Ditto. 

226 

 
 
2 

3 

4 

5 

6 

CHAPTER XV.–OFFENCES RELATING TO RELIGION 

Destroying,  damaging  or  defiling  a  place  of 
worship  or  sacred  object  with  intent  to  insult 
the religion of any class of persons. 

Imprisonment for 2 years, 
or fine or both. 

       Cognizable 

Non-Bailable 

295A   Maliciously 

insulting 

the  religion  or 

the 

religious beliefs of any class. 

Imprisonment for 3 years, 
or   fine, or both. 

Causing a disturbance to an assembly engaged 
in religious worship. 

Imprisonment for 1 year, 
or   fine, or both. 

Trespassing  in  place  of  worship  or  sepulcher, 
disturbing funeral with intention to wound the 
feelings or to insult the religion of any person, 
or offering indignity to a human corpse. 

Uttering any word or making any sound in the 
hearing or making any gesture, or placing any 
object in the sight of any person, with intention 
to wound his religious feeling. 

Ditto 

Ditto 

Ditto. 

Ditto 

       Non-cognizable 

Ditto 

Ditto. 

302 

Murder  

      Cognizable  

Non-bailable 

CHAPTER XVI.–OFFENCES AFFECTING THE HUMAN BODY 

Any 
Magistrate. 

Magistrate of 
the first class. 

Any 
Magistrate. 

Ditto 

Bailable 

1 

295 

296 

297 

298 

303 

304 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
Ditto 

Ditto 

Ditto 

Ditto 

Court of 
Session. 
Ditto. 

Ditto. 

Ditto. 

Ditto 

Ditto 

Ditto 

Bailable 

Non-bailable 

Magistrate  of 
the first class. 

Court of 
Session.] 

Ditto 

Ditto 

Ditto 
Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 
Ditto. 

Ditto. 

Ditto. 

Ditto. 

Death, or imprisonment for 
life, and fine. 

Death 

Murder  by  a  person  under  sentence  of 
imprisonment for life. 

Culpable  homicide  not  amounting  to  murder, 
if act by which the death is caused is done with 
intention of causing death, etc. 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

If act is done with knowledge that it is likely to 
cause death, but without any intention to cause 
death, etc. 

Imprisonment for 10 years, 
or fine, or both.   

304A 

Causing death by rash or negligent act. 

 1[304B 

Dowry death.  

Imprisonment  for  2  years, 
or fine, or both. 

Imprisonment  of  not  less 
than seven years           but 
to 
extend 
which  may 
imprisonment for life. 

305 

Abetment  of  suicide  committed  by  child,  or 
insane  or  delirious  person  or  an  idiot,  or  a 
person intoxicated. 

Death, or imprisonment for 
life,  or  imprisonment  for 
10 years and fine. 

306 

Abetting the commission of suicide.  

307 

Attempt to murder 

If such act causes hurt to any person. 

Imprisonment  for  10  years 
and fine. 

Ditto 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine. 

Attempt  by  life-convict  to  murder,  if  hurt  is 
caused. 

Death, or imprisonment for 
10 years and fine. 

308 

Attempt to commit culpable homicide 

If such act causes hurt to any person 

Imprisonment  for  3  years, 
or fine, or both. 

Imprisonment  for  7  years, 
or fine, or both. 

1.  Ins. by Act 43 of 1986, s. 11 (w.e.f. 19.11.1986). 

227 

 
 
 
 
 
 
 
                                                 
1 

309 

311 

312 

Attempt to commit suicide.  

2 

Being a thug. 

Causing miscarriage. 

313 

314 

315 

316 

317 

318 

323 

324 

325 

326 

If the woman be quick with child. 

Causing  miscarriage  without  women’s 
consent. 

Death  caused  by  an  act  done  with  intent  to 
cause miscarriage.  
If act done without women’s consent.  

Act  done  with  intent  to  prevent  a  child  being 
born alive, or to cause it to die after its birth. 
Causing  death  of  a  quick  unborn  child  by  an 
act amounting to culpable homicide. 
Exposure  of  a  child  under  12  years  of  age  by 
parent  or  person  having  care  of  it  with 
intention of wholly abandoning it.  
Concealment  of  birth  by  secret  disposal  of 
dead body. 
Voluntarily causing hurt. 

Voluntarily  causing  hurt  by  dangerous 
weapons or means. 
Voluntarily causing grievous hurt. 

Voluntarily 
dangerous weapons or means. 

causing 

grievous 

hurt 

by 

1[326A  Voluntarily  causing  grievous  hurt  by  use  of 

acid, etc. 

326B 

Voluntarily  throwing  or  attempting  to  throw 
acid. 

327 

328 

329 

330 

331 

332 

333 

to  constrain 

Voluntarily causing hurt to extort property or a 
valuable  security,  or 
to  do 
anything  which  is  illegal  or  which  may 
facilitate the commission of an offence. 
Administering  stupefying  drug  with  intent  to 
cause hurt, etc. 
Voluntarily  causing  grievous  hurt  to  extort 
property or a valuable security, or to constrain 
to do anything which is illegal, or  which may 
facilitate the commission of an offence. 
Voluntarily  causing  hurt  to  extort  confession 
or  information,  or  to  compel  restoration  of 
property, etc. 
Voluntarily  causing  grievous  hurt  to  extort 
confession  or 
to  compel 
restoration of  property, etc. 
Voluntarily  causing  hurt 
servant from his duty. 
Voluntarily  causing  grievous  hurt  to  deter 
public servant from his duty. 

to  deter  public 

information,  or 

3 
Simple imprisonment for 1 
year, or fine, or both. 
Imprisonment  for  life  and 
fine.  
Imprisonment  for  3  years, 
or fine, or both. 
Imprisonment  for  7  years 
and fine. 
Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine.  
Imprisonment  for  10  years 
and fine. 
Imprisonment for life, or as 
above. 
Imprisonment for 10 years, 
or fine, or both. 
Imprisonment  for  10  years 
and fine. 
Imprisonment  for  7  years, 
or fine, or both. 

Imprisonment  for  2  years, 
or fine, or both. 
Imprisonment  for  1  year  or 
fine of 1,000 rupees, or both. 
Imprisonment  for  3  years, 
or fine, or both. 
Imprisonment  for  7  years 
and fine. 
Imprisonment  for  life,  or  
imprisonment  for  10  years 
and fine. 
Imprisonment  for  not  less 
than  10  years  but  which 
may 
to 
extend 
imprisonment  for  life  and 
fine  to  be  paid  to  the 
victim. 
Imprisonment  for  5  years 
but which may extend to 7 
years and with fine. 
Imprisonment  for  10  years 
and fine. 

Ditto 

Imprisonment  for  life,  or 
imprisonment  for  10  years 
and fine.  

Imprisonment  for  7  years 
and fine. 

Imprisonment  for  10  years 
and fine. 

Imprisonment  for  3  years 
or fine or both. 
Imprisonment  for  10  years 
and fine. 

4 
Cognizable 

Ditto 

5 
Bailable 

Non-bailable 

Non-cognizable 

Bailable 

Ditto 

Ditto 

Cognizable 

Non-bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Non-cognizable 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Bailable 

Non-bailable 

 2[Ditto] 

3[Ditto] 

6 
Any 
Magistrate. 
Court of 
Session. 
Magistrate of 
the first class. 
Ditto. 

Court of 
Session. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Magistrate of 
the first class. 

Ditto. 

Any 
Magistrate. 
Ditto. 

Ditto. 

Magistrate of 
the first class. 

Court of 
Session 

Court of 
Session.] 

Magistrate of 
the first class. 

Court of 
Session. 
Ditto. 

Magistrate of 
the first class. 

Court of 
Session. 

Magistrate  of 
the first class. 
Court 
Session. 

of 

1. Ins. by Act 13 of 2013, s. 24 (w.e.f. 3-2-2013). 
2. Subs. by Act 25 of 2005, s. 42(f)(v), occurring in column 5, relating to s. 332, for  “Bailable” (w.e.f. 23-6-2006).  
3. Subs. by  s. 42(f)(vi), ibid., occurring in column 5, relating to s. 333, for “Non-bailable”, (w.e.f. 23-6-2006).  

228 

 
 
 
 
 
 
 
                                                 
1 

334 

335 

336 

337 

338 

341 

342 

343 

344 

345 

346 
347 

348 

352 

353 

2[354 

354A 

2 
Voluntarily  causing  hurt  on  grave  and  sudden 
provocation,  not  intending to  hurt any other than the 
person who gave the provocation. 
Causing  grievous  hurt  on  grave  and  sudden 
provocation,  not  intending to  hurt any other than the 
person who gave the provocation. 
Doing  any  act  which  endangers  human  life  or  the 
personal safety of others. 
Causing  hurt  by  an  act  which  endangers  human  life, 
etc. 
Causing  grievous  hurt  by  an  act  which  endangers 
human life, etc. 
Wrongfully restraining any person. 

Wrongfully confining any person. 

Wrongfully confining for three or more days. 

Wrongfully confining for 10 or more days. 

Keeping  any  person 
in  wrongful  confinement, 
knowing that a writ has been issued for his liberation. 

Wrongful confinement in secret. 
Wrongful  confinement  for  the  purpose  of  extorting 
property, or constraining to an illegal act, etc. 
Wrongful  confinement  for  the  purpose  of  extorting 
confession  or 
information,  or  of  compelling 
restoration of property, etc. 
Assault  or  use  of  criminal  force  otherwise  than  on 
grave provocation. 
Assault  or  use  of  criminal  force  to  deter  a  public 
servant from discharge of his duty. 
Assault or use of criminal force to woman with intent 
to outrage her modesty. 

Sexual  harassment  of  the  nature  of  unwelcome 
physical contact and advances or a demand or request 
for sexual favours, showing pornography. 
Sexual  harassment  of  the  nature  of  making  sexually 
coloured remark. 

354B 

Assault or use of criminal force to woman with intent 
to disrobe. 

354C 

Voyeurism. 

354D 

Stalking. 

3 
Imprisonment  for  1  month,  or 
fine of 500 rupees, or both. 

4 
Non-cognizable 

5 
Bailable 

Imprisonment  for  4  years,  or 
fine of 2,000 rupees, or both. 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
Ditto 

Ditto 

Non-cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
Ditto 

Ditto 

Ditto 

Cognizable 

1[Non-bailable] 

Cognizable 

Non-bailable 

Cognizable 

Bailable 

Cognizable 

Bailable 

Cognizable  

Non-bailable 

Cognizable 

Bailable 

Cognizable 

Non-bailable 

Cognizable 

Bailable 

Cognizable 

Non-bailable 

Imprisonment  for 3  months, or 
fine of 250 rupees, or both.  
Imprisonment  for 6  months, or 
fine of 500 rupees, or both. 
Imprisonment  for  2  years,  or 
fine of 1,000 rupees, or both. 
imprisonment  for  1 
Simple 
month,  or  fine  of  500  rupees, 
or both. 
Imprisonment  for  1  year,  or 
fine of 1,000 rupees, or both. 
Imprisonment  for  2  years,  or 
fine, or both. 
Imprisonment  for  3  years  and 
fine. 
Imprisonment  for  2  years,  in 
addition 
imprisonment 
to 
under any other section. 

Ditto 
Imprisonment  for  3  years  and 
fine. 

Ditto 

Imprisonment  for 3  months, or 
fine of 500 rupees, or both. 
Imprisonment  for  2  years,  or 
fine, or both. 
Imprisonment  of  1  year  which 
may  extend  to  5  years,  and 
with fine. 
Imprisonment  which  may 
extend  to  3  years  or  with  fine 
or with both. 
Imprisonment  which  may 
extend to 1 year or with fine or 
with both. 
Imprisonment  of  not  less  than 
3  years  but  which  may  extend 
to 7 years and with fine. 
Imprisonment  of  not  less  than 
1 year but which may extend to 
3  years  and  with  fine  for  first 
conviction. 
Imprisonment  of  not  less  than 
3  years  but  which  may  extend 
7  years  and  with  fine  for 
second 
subsequent 
conviction. 
Imprisonment  up  to  3  years 
and  with 
first 
fine 
conviction. 
Imprisonment  up  to  5  years 
and  with  fine  for  second  or 
subsequent conviction. 

for 

or 

355 

356 

357 

358 

363 

Assault  or  criminal  force  with  intent  to  dishonor  a 
person,  otherwise 
than  on  grave  and  sudden 
provocation. 
Assault  or  criminal  force  in  attempt  to  commit  theft 
of property worn or carried by a person. 
Assault  or  use  of  criminal 
force 
wrongfully to confine a person. 
Assault or use of criminal force on grave and sudden 
provocation. 

in  attempt 

Kidnapping  

Ditto 

Ditto 

Imprisonment  for  1  year,  or 
fine of 1,000 rupees, or both. 
Simple  imprisonment  for  one 
month,  or  fine  of  200  rupees, 
or both. 
Imprisonment  for  7  years  and 
fine. 

Non-cognizable 

Cognizable 

Ditto 

Non-cognizable 

Cognizable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

1. Subs. by Act 25 of 2005, s. 42 (f) (vii), occurring in column 5, relating to s. 353, for “Ditto” (w.e.f. 23-6-2006). 
2. Subs. by Act 13 of 2013, s. 24, for entry relating to s. 354 (w.e.f. 3-2-2013).  

229 

6 
Any 
Magistrate. 

Magistrate of the 
first class. 

Any 
Magistrate. 
Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Magistrate of the 
first class. 

Ditto. 
Any 
Magistrate. 
Ditto. 

Ditto. 

Ditto. 

Any 
Magistrate 

Any 
Magistrate 

Any 
Magistrate. 

Any 
Magistrate. 

Any 
Magistrate. 

Any 
Magistrate 

Any 
Magistrate. 

Any 
Magistrate.] 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Magistrate  of  the 
first class. 

 
 
 
 
 
 
 
                                                 
2 

3 

4 

5 

6 

1 
363A 

364 

Kidnapping  or  obtaining  the  custody  of  a 
minor  in  order  that  such  minor  may  be 
employed or used for purposes of begging. 
Maiming a minor in order that such minor may 
be employed or used for purposes of begging. 
Kidnapping or abducting in order to murder. 

1[364A  Kidnapping for ransom, etc. 

365 

366 

366A 
366B 
367 

368 

Kidnapping  or  abducting  with  intent  secretly 
and wrongfully to confine a person. 
Kidnapping  or  abducting  a  woman  to  compel 
her marriage or to cause her defilement, etc. 

Procuration of a minor girl. 
Importation of a girl from foreign country. 
Kidnapping  or  abducting in  order to subject  a 
person to grievous hurt, slavery, etc. 
Concealing  or  keeping 
kidnapped person. 

in  confinement  a 

Imprisonment  for  10  years 
and fine. 

Imprisonment  for  life  and 
fine. 
Imprisonment  for  life,  or 
rigorous  imprisonment  for 
10 years and fine. 
Death, or imprisonment for 
life and fine. 
Imprisonment  for  7  years 
and fine. 
Imprisonment  for  10  years 
and fine. 

Ditto 
Ditto 
Ditto 

Punishment for kidnapping 
or abduction. 

Cognizable 

Non-bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
Ditto 
Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
Ditto 
Ditto 

Ditto 

369 

Kidnapping or abducting a child with intent to 
take property from the person of such child. 

Imprisonment  for  7  years 
and fine. 

Ditto 

Ditto 

2[370 

Trafficking of person. 

Trafficking of more than one person. 

Trafficking of a minor. 

Trafficking of more than one minor. 

Person  convicted  of  offence  of  trafficking  of  minor 
on more than one occasion. 

Public  servant  or  a  police  officer  involved  in 
trafficking of minor. 

370A 

Exploitation of a trafficked child. 

Exploitation of a trafficked person. 

Imprisonment  of  not 
less 
than  7  years  but  which  may 
extend  to  10  years  and  with 
fine. 
Imprisonment of not less 
than 10 years but which may 
extend to imprisonment for 
life and with fine. 
Imprisonment of not less 
than 10 years but which may 
extend to imprisonment for 
life and with fine. 
Imprisonment of not less than 14 
years but which may extend to 
imprisonment for life and with 
fine. 
Imprisonment for life which 
shall mean the remainder of that 
person’s natural life and with 
fine. 
Imprisonment for life which 
shall mean the remainder of 
that person’s natural life and 
with fine. 
Imprisonment  of  not  less  than  5 
years but which may extend to 7 
years and with fine. 
Imprisonment of not less 
than 3 years but which may 
extend to 5 years and with 
fine. 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

1. Ins. by Act 42 of 1993, s. 4, (w.e.f. 22-5-1993). 
2. Subs. by Act 13 of 2013, s. 24, for entries relating to s. 370 (w.e.f. 3-2-2013).  

230 

Magistrate  of 
the first class. 

Court of 
Session. 

Ditto. 

Ditto.] 

Magistrate of 
the first class. 
Court of 
Session. 

Ditto. 
Ditto. 
Ditto. 

Court by 
which the 
kidnapping 
or abduction 
is triable. 
Magistrate of 
the first 
class. 
Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Court of 
Session.] 

 
 
 
 
 
 
 
 
 
 
                                                 
1 
371 

372 

373 

Habitual dealing in slaves. 

2 

Selling  or  letting  to  hire  a  minor  for 
purposes of prostitution, etc. 

3 
Imprisonment for life, or 
imprisonment for  10 
years and fine. 
Imprisonment for 10 
years and fine. 

Buying  or  obtaining  possession  of  a 
minor for the same purposes. 

Ditto 

374 

Unlawful compulsory labour. 

1[ 2[376  Rape.  

Rape  by  a  police  officer  or  a  public 
servant  or  member  of  armed  forces  or  a 
person  being  on  the  management  or  on 
the  staff  of  a  jail,  remand  home  or  other 
place  of  custody  or  women’s  or 
children’s  institution  or  by  a  person  on 
the  management  or  on  the  staff  of  a 
hospital, and rape committed by a person 
in a position of trust or authority towards 
the  person  raped or  by  a  near  relative  of 
the person raped. 

Persons committing offence of rape on a 
woman under sixteen years of age. 

376A 

Person committing an offence of rape and 
inflicting  injury  which  causes  death  or 
causes  the  woman  to  be  in  a  persistent 
vegetative state. 

3[376AB  Person committing an offence of rape on 

a woman under twelve years of age. 

Imprisonment for 1 year, 
or fine, or both. 

Rigorous imprisonment of 
not less than 10 years but 
which may extend to 
imprisonment for life and 
with fine. 

Rigorous imprisonment 
of not less than 10 years 
but which may extend to 
imprisonment for life 
which shall mean the 
remainder of that 
person’s natural life and 
with fine. 

Rigorous imprisonment 
for a term which shall not 
be less than 20 years but 
which may extend to 
imprisonment for life, 
which shall mean 
imprisonment for the 
remainder of that 
person’s natural life and  
with fine. 

Rigorous imprisonment 
of not less than 20 years 
but which may extend to 
imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person’s natural life or 
with death. 
Rigorous imprisonment 
of not less than 20 years 
but which may extend to 
imprisonment for life 
which shall mean 
imprisonment for that 
person’s natural life and 
with fine or with death. 

4 
Cognizable 

5 
Non-bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Bailable 

Cognizable 

Non-bailable 

6 
Court of 
Session. 

Ditto. 

Ditto. 

Any 
Magistrate. 

Court of 
Session. 

Cognizable 

Non-bailable 

Court of 
Session. 

Cognizable 

Non-bailable 

Court of 
Session.] 

Cognizable 

Non-bailable 

Court of 
Session. 

Cognizable 

Non-bailable 

Court of 
Session.] 

1. Subs. by Act 13 of 2013, s. 24, for entries relating to ss. 376, 376A, 376B, 376C and 376D (w.e.f. 3-2-2013). 
2. Subs. by Act 22 of 2018, s. 24, for entry 376 (w.e.f. 21-4-2018). 
3. Ins. by s. 24, ibid.  (w.e.f. 21-4-2018). 

231 

 
 
 
 
 
                                                 
2 

3 

4 

5 

6 

1 

376B 

376C 

Sexual  intercourse  by  husband  upon  his 
wife during separation. 

Sexual 
authority. 

intercourse  by  a  person 

in 

376D 

Gang rape 

1[376DA  Gang  rape  on  a  woman  under  sixteen 

years of age. 

376DB  Gang rape on woman under twelve years 

of age. 

376E 

Repeat offenders. 

2[377 

Unnatural offences 

Imprisonment for not less 
than 2 years but which 
may extend to 7 years 
and with fine. 
Rigorous imprisonment 
for not less than 5 years 
but which may extend 
to 10 years and with 
fine. 
Rigorous imprisonment 
for not less than 20 
years but which may 
extend to imprisonment 
for life which shall 
mean imprisonment for 
the remainder of that 
person’s natural life and 
with fine to be paid to 
the victim. 

Imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person’s natural life and 
with fine. 

Imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person’s natural life and 
with fine or with death. 

Imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that person’s 
natural life or with death. 

Imprisonment  for 
life,  or 
imprisonment  for  10  years 
and fine. 

Cognizable 

Bailable 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

Court of 
Session. 

Court of 
Session. 

Court of 
Session. 

Cognizable 

Non-bailable 

Court of 
Session. 

Cognizable 

Non-bailable 

Court of 
Session.] 

Cognizable 

Non-bailable 

Cognizable 

Non-bailable 

379 

380 

381 

382 

Theft  

CHAPTER XVII.–OFFENCES AGAINST PROPERTY 
Cognizable 

Imprisonment  for  3  years, 
or fine, or both. 

Non-bailable 

Theft in a building, tent or vessel 

Theft  by  clerk  or  servant  of  property  in 
possession of master or employer. 

Theft,  after  preparation  having  been 
made  for  causing  death,  or  hurt,  or 
restraint, or fear of death, or of hurt, or of 
restraint,  in  order  to  the  committing  of 
such theft, or to retiring after committing 
it, or to retaining  property taken by it. 

Imprisonment  for  7  years 
and fine. 

Ditto 

Rigorous imprisonment 
for 10 years and fine. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

1. Ins. by Act 22 of 2018, s. 24 (w.e.f. 21-4-2018). 
2.  Subs. by Act 30 of 2001, s. 3 and the Second Sch., for  the entries relating to s. 377 (w.e.f. 3-9-2001). 

232 

Court of 
Session.] 

Magistrate of 
the first 
class.] 

Any 
Magistrate. 
Ditto. 

Ditto. 

Magistrate of 
the first 
class. 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
4 
Ditto 

Ditto 

Ditto 

5 
Ditto 

   Bailable  

6 
Any 
Magistrate. 
Ditto. 

Non-bailable  Magistrate of 

the first 
class. 
Ditto. 

for  7 

           Ditto 

Ditto 

for  10 

Ditto 

     Bailable  

Ditto. 

Ditto 

Ditto 

Ditto 
Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 
    Non-bailable  

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 
Ditto. 

Ditto. 

Ditto. 

Ditto. 

Court of 
Session. 
Ditto. 

Ditto 

Ditto. 

Ditto 

Ditto. 

Cognizable 

Non-bailable 

Ditto 

Ditto 

Court of 
Session.  
Ditto. 

1 
384 

385 

386 

387 

388 

389 

392 

393 

394 

395 

Extortion  

2 

Putting  or  attempting  to  put  in  fear  of 
injury, in order to commit extortion. 
Extortion  by  putting  a  person  in  fear  of 
death or grievous hurt. 

with 

punishable 

Putting  or  attempting  to  put  a  person  in 
fear of death or grievous hurt in order to 
commit extortion. 
Extortion  by  threat  of  accusation  of  an 
offence 
death, 
imprisonment  for  life,  or  imprisonment 
for 10 years. 
If the offence threatened be an unnatural 
offence. 
Putting  a  person  in  fear  of  accusation  of 
an  offence  punishable  with  death, 
imprisonment  for  life,  or  imprisonment 
for 10 years in order to commit extortion. 
If the offence be an unnatural offence. 
Robbery  

If  committed  on  the  highway  between 
sunset and sunrise. 
Attempt to commit robbery. 

in 
Person  voluntarily  causing  hurt 
committing  or  attempting 
to  commit 
robbery,  or  any  other  person  jointly 
concerned in such robbery. 
Dacoity  

396 

Murder in dacoity 

397 

398 

399 

400 

401 

402 

Robbery or dacoity, with attempt to cause 
death or grievous hurt. 

Attempt  to  commit  robbery  or  dacoity 
when armed with deadly weapon. 
Making preparation to commit dacoity.  

Belonging 
to  a  gang  of  persons 
associated  for  the  purpose  of  habitually 
committing dacoity.  

Belonging 
to  a  wandering  gang  of 
persons  associated  for  the  purpose  of 
habitually committing thefts. 
Being  one  of  five  or  more  persons 
assembled for the purpose of committing 
dacoity. 

for  3 

3 
Imprisonment 
years, or fine, or both. 
Imprisonment 
years, or fine, or both. 
Imprisonment 
years and fine. 

for  10 

for  2 

Imprisonment 
years and fine. 

Imprisonment 
years and fine. 

Imprisonment for life  

Imprisonment 
years and fine. 

for  10 

Imprisonment for life. 
Rigorous  imprisonment 
for 10 years and fine. 
Rigorous  imprisonment 
for 14 years and fine. 
Rigorous  imprisonment 
for 7 years and fine. 
Imprisonment for life, 
or rigorous 
imprisonment for 10 
years and fine. 
Ditto 

imprisonment 
life,  or  rigorous 
for  10 

Death, 
for 
imprisonment 
years and fine. 
Rigorous  imprisonment 
for  not 
than  7 
less 
years. 

Ditto 

Rigorous  imprisonment 
for 10 years and fine. 
Imprisonment for life, 
or rigorous 
imprisonment for 10 
years and fine. 
Rigorous  imprisonment 
for 7 years and fine. 

Magistrate of 
the first 
class. 

Court 
Session. 

of 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

233 

 
 
 
 
 
 
 
 
 
 
1 
403 

404 

2 
Dishonest  misappropriation  of  movable 
property,  or  converting  it  to  one’s  own 
use. 
Dishonest  misappropriation  of  property, 
knowing  that  it  was  in  possession  of  a 
deceased  person  at  his  death,  and  that  it 
has  not  since  been  in  the  possession  of 
any person legally entitled to it. 
If  by  clerk  or  person  employed  by 
deceased 

3 
Imprisonment 
years, or fine, or both. 

for  2 

4 
Non-cognizable 

5 
Bailable 

Imprisonment 
years and fine. 

for  3 

Ditto 

Ditto 

6 

Any 
Magistrate. 

Magistrate of 
the first 
class.. 

Imprisonment 
years and fine. 

for  7 

Ditto 

Ditto 

Ditto. 

406 

Criminal breach of trust 

for  3 
Imprisonment 
years, or  fine, or both. 

Cognizable 

Non-bailable 

Ditto. 

Criminal  breach  of  trust  by  a  carrier, 
wharfinger, etc. 

Imprisonment 
years and fine. 

for  7 

Ditto 

Ditto 

Ditto. 

407 

408 

409 

411 

412 

Criminal  breach  of  trust  by  a  clerk  or 
servant. 
Criminal breach of trust by public servant 
or by banker, merchant or agent, etc. 

Dishonestly  receiving  stolen  property 
knowing it to be stolen. 
Dishonestly  receiving  stolen  property, 
knowing that it was obtained by dacoity. 

413 

Habitually dealing in stolen property. 

414 

417 

418 

419 

420 

421 

422 

423 

424 

Assisting  in  concealment  or  disposal  of 
stolen property, knowing it to be stolen. 
Cheating  

Cheating  a  person  whose  interest  the 
offender  was  bound,  either  by  law  or  by 
legal contract, to protect. 
Cheating by personation . 

and 

thereby 

Cheating 
dishonestly 
inducing  delivery  of  property,  or  the 
making,  alteration  or  destruction  of  a 
valuable security. 
Fraudulent  removal  or  concealment  of 
property,  etc.,  to  prevent  distribution 
among creditors. 

Fraudulently  preventing  from  being  made 
available  for  his  creditors  a  debt  or  demand 
due to the offender. 

Fraudulent  execution  of  deed  of 
containing a false statement of consideration. 

transfer 

removal  or 

concealment  of 
Fraudulent 
property,  of  himself  or  any  other  person  or 
assisting  in  the  doing  thereof,  or  dishonestly 
releasing  any  demand  or claim  to  which he  is 
entitled. 

Ditto 

for  3 

Imprisonment  for  life, 
or imprisonment for 10 
years and fine. 
Imprisonment 
years, or fine, or both. 
Imprisonment  for  life, 
rigorous 
or 
for  10 
imprisonment 
years and fine. 
Imprisonment  for  life, 
or imprisonment for 10 
years and fine. 
Imprisonment 
years, or fine, or both. 
Imprisonment 
year, or fine, or both. 

for  3 

for  1 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Any 
Magistrate. 
Court of 
Session. 

Ditto 

Ditto. 

    Non-cognizable  

      Bailable  

Ditto 

Any 
Magistrate. 
Ditto. 

Imprisonment 
years, or fine, or both. 

for  3 

Ditto 

Ditto 

Ditto. 

Ditto 

       Cognizable  

Ditto 

Ditto. 

Imprisonment 
years and fine. 

for  7 

Ditto 

Non-bailable  Magistrate of 

the first 
class. 

Any 
Magistrate. 

Any 
Magistrate. 

Ditto. 

Ditto. 

Imprisonment 
years, or fine, or both. 

for  2 

     Non-cognizable  

 Bailable  

Imprisonment  for  2  years, 
or fine, or both. 

     Non-cognizable  

Bailable 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

234 

 
 
 
 
 
 
 
1 

2 

3 

426 

Mischief 

Imprisonment for 3 
months or fine, or both. 

Mischief,  and  thereby  causing  damage  to  the 
amount of 50 rupees or upwards. 

Imprisonment for 2 years, 
or fine, or both. 

4 

Ditto 

Ditto 

5 

6 

Ditto 

Ditto. 

Ditto 

Ditto. 

Ditto 

       Cognizable  

Ditto 

Ditto. 

Imprisonment  for  5  years, 
or fine, or both. 

Ditto 

Ditto 

Magistrate  of 
the first class. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto. 

Ditto 

Ditto. 

Ditto 

Ditto. 

Mischief  by  killing,  poisoning,  maiming  or 
rendering useless any animal of the value of 10 
rupees or upwards. 

Mischief  by  killing,  poisoning,  maiming  or 
rendering  useless  any  elephant,  camel,  horse, 
etc.,  whatever  may  be  its  value,  or  any  other 
animal of the value of 50 rupees or upwards. 

Mischief  by  causing  diminution  of  supply  of 
water for agricultural purposes, etc. 

Mischief  by  injury  to  public  road,  bridge, 
navigable  river,  or  navigable  channel,  and 
rendering 
less  safe  for 
travelling or conveying property. 

it  impassable  or 

Mischief by causing inundation or obstruction 
to public drainage attended with damage. 

Mischief  by  fire  or  explosive  substance  with 
intent  to  cause  damage  to  an  amount  of  100 
rupees  or  upwards,  or,  in  case  of  agricultural 
produce, 10 rupees or upwards. 

Mischief  by  fire  or  explosive  substance  with 
intent to destroy a house, etc. 

Mischief with intent to destroy or make unsafe 
a  decked  vessel  or  a  vessel  of  20  tonnes 
burden. 

427 

428 

429 

430 

431 

432 

433 

434 

435 

436 

437 

438 

439 

440 

Mischief by destroying or moving or rendering 
less  useful  a  lighthouse  or  seamark,  or  by 
exhibiting false lights. 

Imprisonment  for  7  years, 
or fine, or both. 

Mischief  by  destroying  or  moving,  etc.,  a 
landmark fixed by public authority. 

Imprisonment  for  1  year, 
or fine, or both. 

        Non-cognizable 

Ditto 

Imprisonment  for  7  years 
and fine. 

        Cognizable  

Ditto 

Any 
Magistrate. 

Magistrate  of 
the first class. 

Imprisonment  for  life,  or 
imprisonment for 10 years 
and fine. 

Imprisonment for 10 years 
and fine. 

Ditto 

        Non-bailable  

Court of 
Session. 

Ditto 

Ditto 

Ditto. 

The  mischief  described  in  the  last  section 
when  committed  by  fire  or  any  explosive 
substance. 

Imprisonment  for  life,  or 
imprisonment for 10 years 
and fine. 

Running  vessel  ashore  with  intent  to  commit 
theft, etc. 

Imprisonment for 10 years 
and fine. 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Mischief committed after preparation made for 
causing death, or hurt, etc. 

Imprisonment  for  5  years 
and fine. 

Ditto 

      Bailable  

Ditto 

Ditto 

Magistrate  of 
the first class. 

Any 
Magistrate. 

Ditto 

Ditto 

Ditto. 

447 

Criminal trespass 

448 

House-trespass 

for 

Imprisonment 
3 
months,  or  fine  of  500 
rupees, or both. 

Imprisonment  for  1  year, 
or fine of 1,000 rupees, or 
both. 

235 

 
 
1 

2 

3 

4 

5 

6 

449 

450 

451 

452 

453 

454 

455 

456 

457 

458 

459 

460 

461 

462 

House-trespass  in  order  to  the  commission  of 
an offence punishable with death. 

House-trespass  in  order  to  the  commission  of 
an  offence  punishable  with  imprisonment  for 
life. 
House-trespass  in  order  to  the  commission  of 
an offence punishable with imprisonment. 
If the offence is theft 

House-trespass,  having  made  preparation  for 
causing hurt, assault, etc. 
Lurking house-trespass or house-breaking. 

to 

Lurking  house-trespass  or  house-breaking  in 
order 
the  commission  of  an  offence 
punishable with imprisonment. 
If the offence be theft 

Lurking house-trespass or house-breaking after 
preparation made for causing hurt, assault, etc. 
Lurking  house-trespass  or  house-breaking  by 
night. 
Lurking  house-trespass  or  house-breaking  by 
night in order to the commission of an offence 
punishable with imprisonment. 
If the offence is theft 

Lurking  house-trespass  or  house-breaking  by 
night, after preparation made for causing hurt, 
etc. 
Grievous  hurt  caused  whilst  committing 
lurking house-trespass or house-breaking. 

Death  or  grievous  hurt  caused  by  one  of 
several  persons  jointly  concerned  in  house-
breaking by night, etc. 
Dishonestly  breaking open or unfastening any 
closed  receptacle  containing  or  supposed  to 
contain property. 
Being  entrusted  with  any  closed  receptacle 
to  contain  any 
containing  or  supposed 
property, and fraudulently opening the same. 

Imprisonment  for  life,  or 
rigorous  imprisonment  for 
10 years and fine. 
Imprisonment for 10 years 
and fine. 

Imprisonment  for  2  years 
and fine. 
Imprisonment  for  7  years 
and fine. 

Ditto 

Imprisonment  for  2  years 
and fine. 
Imprisonment  for  3  years 
and fine. 

Imprisonment for 10 years 
and fine. 

Ditto 

Imprisonment  for  3  years 
and fine. 
Imprisonment  for  5  years 
and fine. 

Imprisonment for 14 years 
and fine. 

Ditto 

Imprisonment  for  life,  or 
imprisonment for 10 years 
and fine. 

Ditto 

Imprisonment  for  2    years 
or fine, or both. 

Imprisonment  for  3  years 
or fine, or both. 

 Cognizable  

     Non-bailable  

Court of 
Session. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Bailable 

    Non-bailable  

Any 
Magistrate. 
Ditto. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 

Magistrate of 
the first class. 
Ditto. 

Any 
Magistrate. 
Magistrate of 
the first class. 

Ditto. 

Ditto. 

Court of 
Session. 

Ditto 

Ditto. 

Ditto 

Any 
Magistrate. 

       Ditto 

        Bailable  

Ditto 

CHAPTER XVIII.—OFFENCES RFLATING TO DOCUMENTS AND TO PROPERTY MARKS 

465 

Forgery 

466 

467 

Forgery  of  a  record  of  a  Court  of 
Justice or of a Registrar of Births, etc., 
kept by a public servant. 
Forgery  of  a  valuable  security,  will,  or 
authority 
transfer  any 
valuable  security,  or  to  receive  any 
money, etc. 
When 
promissory  note  of 
Government. 

is  a 
the  Central 

the  valuable  security 

to  make  or 

Imprisonment  for  2  years,  or  fine, 
or both.  
Imprisonment for 7 years and fine  

   Non-cognizable 

       Bailable  

Ditto 

    Non-bailable  

Magistrate of 
the first class. 
Ditto. 

for 

Imprisonment 
or 
imprisonment  for  10  years  and 
fine. 

life, 

Ditto 

Ditto 

Ditto. 

Ditto 

        Cognizable  

Ditto 

Ditto. 

236 

 
 
 
 
 
 
2 

Forgery for the purpose of cheating. 

3 
Imprisonment for 7 years and fine. 

4 
Cognizable  

5 
 Non-bailable  

Imprisonment for 3 years and fine. 

Ditto 

     Bailable  

6 
Magistrate of 
the 
first 
class.  

Ditto. 

1 
468 

469 

471 

Forgery for the purpose of harming the 
reputation  of  any  person  or  knowing 
that  it  is  likely  to  be  used  for  that 
purpose. 
Using  as  genuine  a  forged  document 
which is known to be forged. 

the 

When 
promissory  note  of 
Government. 

forged  document 

is  a 
the  Central 

472  Making  or  counterfeiting  a  seal,  plate, 
etc.,  with  intent  to  commit  a  forgery 
punishable  under  section  467  of  the 
Indian  Penal  Code,  or  possessing  with 
like  intent  any  such  seal,  plate,  etc., 
knowing the same to be counterfeit. 

473  Making  or  counterfeiting  a  seal,  plate, 
etc.,  with  intent  to  commit  a  forgery 
punishable otherwise than under section 
467  of  the  Indian  Penal  Code,  or 
possessing  with  like  intent  any  such 
seal, plate, etc., knowing the same to be 
counterfeit. 

474 

475 

476 

477 

is  one  of 

the  document 

Having  possession  of  a  document, 
knowing  it  to  be  forged,  with  intent  to 
use it as genuine; if the document is one 
of  the description mentioned  in  section 
466 of the Indian Penal Code. 
If 
the 
description mentioned in section 467 of 
the Indian Penal Code. 
Counterfeiting  a  device  or  mark  used 
for  authenticating  documents  described 
in section 467 of the Indian Penal Code, 
or  possessing 
counterfeit  marked 
material. 
Counterfeiting  a  device  or  mark  used 
for authenticating documents other than 
those  described  in  section  467  of  the 
Indian  Penal  Code,  or  possessing 
counterfeit marked material. 
Fraudulently  destroying  or  defacing, or 
attempting  to  destroy  or  deface,  or 
secreting, a will, etc. 

477A  Falsification of accounts. 

482 

483 

484 

485 

Using a false property mark with intent 
to deceive or injure any person. 
Counterfeiting a property mark used by 
another, with intent to cause damage or 
injury. 
Counterfeiting a property mark used by 
a  public  servant,  or  any  mark  used  by 
him to denote the manufacture, quality, 
etc., of any property. 
Fraudulently  making  or  having 
possession  of  any  die,  plate  or  other 
instrument  for  counterfeiting  any 
public or private property mark. 

Punishment  for  forgery  of  such 
document. 

Ditto 

Imprisonment 
or 
imprisonment for 7 years and fine. 

life, 

for 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto 

Ditto. 

Imprisonment for 7 years and fine. 

Ditto 

Ditto 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Imprisonment 
or 
imprisonment for 7 years and fine. 

life, 

for 

   Non-cognizable  

Ditto 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Ditto. 

Imprisonment for 7 years and fine. 

Ditto 

     Non-bailable  

Ditto. 

Imprisonment 
or 
imprisonment for 7 years and fine. 

life, 

for 

Imprisonment  for  7  years  or  fine, 
or both. 
Imprisonment  for  1  year,  or  fine, 
or both. 
Imprisonment  for  2  years,  or  fine, 
or both. 

Ditto 

Ditto 

Ditto 

Ditto 

Imprisonment for 3 years and fine. 

Ditto 

Ditto. 

Ditto. 

      Bailable  

Ditto. 

Ditto 

Ditto 

Ditto 

       Any 
Magistrate. 
Ditto. 

Magistrate of 
first 
the 
class.  

Imprisonment  for  3  years,  or 
fine, or both. 

Ditto. 

Ditto. 

Ditto. 

237 

 
 
 
 
1 

2 

486  Knowingly  selling  goods  marked 

with a counterfeit property mark. 

3 
Imprisonment for 1 year, or fine, 
or both. 

4 
Non-cognizable  

5 
Bailable  

6 

Any 
Magistrate. 

487 

Fraudulently  making  a  false  mark 
upon  any  package  or  receptacle 
containing  goods,  with 
to 
cause it to be believed that it contains 
goods, which it does not contain, etc. 

intent 

Imprisonment  for  3  years,  or 
fine, or both. 

Ditto 

Ditto 

Ditto. 

488  Making use of any such false mark. 
489 

Removing,  destroying  or  defacing 
property  mark  with  intent  to  cause 
injury. 
489A  Counterfeiting 

currency-notes 

or 

bank-notes. 

489B  Using 

as 

or 
genuine 
counterfeit  currency-notes  or  bank-
notes. 

forged 

Ditto 
Imprisonment for 1 year, or fine, 
or both. 

Ditto 
Ditto 

Ditto 
Ditto 

Ditto. 
Ditto. 

for 

Imprisonment 
or 
imprisonment  for  10  years  and 
fine. 

life, 

        Cognizable  

Non-bailable  

Court 
Session. 

of 

Ditto 

Ditto 

Ditto 

Ditto. 

489C  Possession  of  forged  or  counterfeit 
currency-notes or bank-notes. 
489D  Making  or  possessing  machinery, 
instrument  or  material  for  forging  or 
counterfeiting 
or 
bank-notes. 

currency-notes 

Imprisonment  for  7  years,  or 
fine, or both. 
or 
Imprisonment 
imprisonment  for  10  years  and 
fine. 

life, 

for 

Ditto 

Ditto 

         Bailable  

Ditto. 

       Non-bailable  

Ditto. 

489E  Making 

or 

using 

documents 
resembling  currency-notes  or  bank-
notes. 
On  refusal  to  disclose  the  name  and 
address of the printer. 

Fine of 100 rupees. 

     Non-cognizable  

        Bailable  

Any 
Magistrate. 

Fine of 200 rupees. 

Ditto 

Ditto 

Ditto. 

CHAPTER XIX.—CRIMINAL BREACH OF CONTRACTS OF SERVICE 
       Non-cognizable  

Imprisonment  for  3  months,  or 
fine of 200 rupees, or both. 

491   Being bound to attend on or supply the 
wants of a person who is helpless from 
youth,  unsoundness  of  mind  or 
disease, and voluntarily omitting to do 
so. 

       Bailable  

Any 
Magistrate. 

CHAPTER XX.—OFFENCES RELATING TO MARRIAGE 

493  A man by deceit causing a woman not 
lawfully  married  to  him  to  believe, 
that  she  is  lawfully  married  to  him  
and to cohabit with him in that belief. 

494  Marrying again during the life time of 

a husband or wife. 

495  Same offence with concealment of the 
former  marriage  from  the  person  with 
whom 
is 
contracted. 

subsequent  marriage 

496  A  person  with  fraudulent  intention 
going  through  the  ceremony  of  being 
married,  knowing 
is  not 
thereby lawfully married. 

that  he 

497  Adultery  

498  Enticing  or  taking  away  or  detaining 
intent  a  married 

with  a  criminal 
woman. 

Imprisonment  for  10  years  and 
fine. 

Imprisonment  for  7  years  and 
fine. 
Imprisonment  for  10  years  and 
fine. 

       Non-cognizable  

      Non-bailable   Magistrate 

of  the  first 
class. 

Ditto 

Ditto 

     Bailable  

Ditto 

Ditto. 

Ditto. 

Imprisonment  for  7  years  and 
fine. 

Ditto 

Ditto 

Ditto. 

Imprisonment  for  5  years,  or 
fine, or both. 
Imprisonment  for  2  years,  or 
fine, or both. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto. 

Any 
Magistrate. 

238 

 
 
 
 
1 

2 
1[CHAPTER XXA.—OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND 

3 

4 

5 

6 

498A 

Punishment  for  subjecting  a  married 
woman to cruelty. 

Imprisonment  for  three  years  and 
fine. 

  Non-bailable 

Magistrate of 
the first 
class.] 

by 

if 
Cognizable 
information 
relating 
to  the  commission  of 
the  offence  is  given 
to  an  officer 
in 
charge  of  a  police 
station  by  the  person 
aggrieved 
the 
offence  or  by  any 
person  related  to  her 
by  blood,  marriage  
or adoption or if there 
is no such relative, by 
any  public  servant 
belonging 
such 
class  or  category  as 
may  be  notified  by 
the State Government 
in this behalf. 

to 

500 

Defamation against the President or the 
Vice-President  or  the  Governor  of  a 
State  or  Administrator  of  a  Union 
territory  or  a  Minister  in  respect  of  his 
conduct  in  the  discharge  of  his  public 
instituted  upon  a 
functions  when 
complaint  made 
the  Public 
Prosecutor. 
Defamation in any other case 

by 

501(a)  Printing  or  engraving  matter  knowing 
it 
the 
to  be  defamatory  against 
President  or  the  Vice-President  or  the 
Governor  of  a  State  or  Administrator 
of  a  Union  territory  or  a  Minister  in 
respect of his conduct in the discharge 
of his public functions when instituted 
upon  a  complaint  made  by  the  Public 
Prosecutor. 

     (b)  Printing  or  engraving  matter  knowing 

it to be defamatory, in any other case. 

defamatory 

502(a)  Sale  of  printed  or  engraved  substance 
matter, 
containing 
knowing  it  to    contain  such  matter 
against  the  President  or  the  Vice-
President or the Governor of a State or 
Administrator of a Union territory or a 
Minister  in  respect  of  his  conduct  in 
the  discharge  of  his  public  functions 
when 
instituted  upon  a  complaint 
made by the Public Prosecutor. 
     (b)  Sale  of  printed  or  engraved  substance 
containing 
matter, 
knowing  it  to  contain  such  matter  in 
any other case. 

defamatory 

CHAPTER XXI.—DEFAMATION 
Simple  imprisonment  for  2  years, 
or fine, or both. 

     Non-cognizable  

          Bailable  

Court of 
Session. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Magistrate of 
the first 
class. 
Court of 
Session. 

Magistrate of 
the first 
class. 
Court of 
Session. 

Magistrate of 
the first 
class. 

1.  Ins. by Act 46 of 1983, s. 6 (w.e.f. 25-12-1983). 

239 

 
 
 
                                                 
1 

2 

3 

4 

5 

6 

CHAPTER XXII.—CRIMINAL INTIMIDATIONS, INSULT AND ANNOYANCE 

504 

Insult intended to provoke breach of the 
peace. 

Imprisonment  for  2  years,  or  fine, 
or both. 

    Non-cognizable 

       Bailable  

505  False statement, rumour, etc., circulated 
with  intent  to  cause  mutiny  or  offence 
against the public peace. 

Imprisonment  for  3  years,  or  fine, 
or both. 

Ditto 

      Non-bailable 

False  statement,  rumour,  etc.,  with 
intent  to  create  enmity,  hatred  or  ill- 
will between different classes. 

False  statement,  rumour,  etc.,  made  in 
place  of  worship,  etc.,  with  intent  to 
create enmity, hatred or ill-will. 

Ditto 

      Cognizable  

Imprisonment for 5 years and fine. 

Ditto 

Ditto 

Ditto 

506  Criminal intimidation. 

Imprisonment  for  2  years,  or  fine, 
or both. 

     Non-cognizable  

     Bailable  

If  threat  be  to  cause  death  or  grievous 
hurt, etc. 

Imprisonment  for  7  years,  or  fine, 
or both. 

507  Criminal  intimidation  by  anonymous 
communication 
taken 
or 
precaution to conceal whence the threat 
comes. 

having 

508  Act  caused  by  inducing  a  person  to 
believe  that  he  will  be  rendered  an 
object of Divine displeasure. 

509  Uttering  any  word  or  making  any 
gesture  intended  to  insult  the  modesty 
of a woman, etc. 

510  Appearing  in  a  public  place,  etc.,  in  a 
intoxication,  and  causing 

state  of 
annoyance to any person. 

for  2  years, 

Imprisonment 
in 
addition  to  the  punishment  under 
above section. 

Imprisonment  for  1  year,  or  fine, 
or both. 

1[Simple imprisonment for 3 years 
and with fine.] 

       Cognizable   

Simple imprisonment for 24 hours, 
or fine of 10 rupees, or both. 

      Non-cognizable   

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

CHAPTER XXIII.—ATTEMPTS TO COMMIT OFFENCES 

511  Attempting 

to 

commit 

offences 
punishable  with  imprisonment  for  life, 
or  imprisonment,  and  in  such  attempt 
doing  any  act  towards  the  commission 
of the offence. 

life, 
or 
Imprisonment 
exceeding 
imprisonment 
half.of  the  longest  term,  provided 
for the offence, or fine, or both 

for 
not 

as 

According 
the 
offence  is  cognizable 
or non-cognizable. 

According  as  the 
offence  attempted 
by  the  offender  is 
bailable or not. 

Any 
Magistrate. 
Ditto. 

Ditto. 

Ditto. 

Ditto. 

Magistrate of 
the first 
class. 

Ditto. 

Any 
Magistrate. 

Ditto. 

Ditto. 

The  court  by 
the 
which 
offence 
attempted  is 
triable. 

II.—CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS 

Offence 

Cognizable 
or non-
cognizable 

Bailable or non-
bailable 

By what court triable 

If punishable with death, imprisonment for life, or imprisonment for more than 7 years  Cognizable 

Non-bailable 

Court of Session. 

If punishable with  imprisonment for 3 years and upwards but not  more than 7 years 

Ditto 

Ditto 

Magistrate of the first 
class. 

If punishable with  imprisonment for less than 3 years or with fine only. 

Non-
cognizable 

Bailable 

Any Magistrate. 

1. Subs. by Act 13 of 2013, s. 24, for the word “Simple imprisonment for 1 year, or fine, or both,” occurring made in column 3, 

relating to s. 509 (w.e.f. 3-2-2013). 

240 

 
 
 
 
 
 
 
 
 
                                                 
Chhattisgarh 

STATE AMENDMENTS 

In First Schedule to the Code, under the heading “1. —OFFENCES UNDER THE INDIAN PENAL CODE, 1860” 
— 

(a) In the entries relating to Section 211, the following entries shall be added, namely: — 

Section 

Offence 

Punishment 

Cognizable or 
non-cognizable 

Bailable or 
non-
bailable 

By what Court 
triable 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

... 

If offence charged be punishable under Ss. 
354, 354A, 354B, 354C, 354D, 354E, 376B, 
376C, 376F, 509, 509A or 509B. 

Imprisonment not less than 
3 years but which may 
extend to 5 years and fine. 

Non-Cognizable 

Bailable 

Magistrate of 
the first class. 

(b) In the entries relating to Section 354, the following entries shall be added, namely: — 

Section 

Offence 

Punishment 

Cognizable or 
non-cognizable 

Bailable 
or non-
bailable 

By what 
Court triable 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

... 

If committed by relative of the woman. 

Imprisonment not less 
than 2 years but which 
may extend to 7 years 
and fine. 

Cognizable 

Non-
Bailable 

Magistrate of 
the first class. 

 (C) After the entries relating to Section 354D, the following shall be inserted, namely: — 

Section 

Offence 

Punishment 

Cognizable or 
non-cognizable 

Bailable 
or non-
bailable 

By what 
Court triable 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

354E 

Liability of person present who fails to 
prevent the commission of offence under 
Ss. 354, 354A, 354B, 354C or 354D. 

Imprisonment upto 3 
years or fine or both. 

Cognizable 

Bailable 

Any 
Magistrate. 

(d) After the entries relating of Section 376E, the following shall be inserted, namely: — 

Section 

Offence 

Punishment 

Cognizable or 
non-cognizable 

Bailable 
or non-
bailable 

By what 
Court triable 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

376F 

Liability of person in-charge of any work 
place and others to give information 
about offence. 

Imprisonment upto 3 
years and fine. 

Cognizable 

Non-
Bailable 

Magistrate of 
first class. 

241 

 
 
 
(e) After the entries relating to Section 509, the following shall be inserted, namely: — 

Section 

Offence 

Punishment 

(1) 
509A 

(2) 
Sexual harassment by relative. 

509B 

Sexual harassment by electronic modes. 

(3) 
Rigorous imprisonment 
not less than 1 year but 
which may extend upto 
5 years and fine. 
Rigorous imprisonment 
not less than 6 months 
but which may extend 
upto 2 years and fine. 

[Vide Chhattisgarh Act 25 of 2015, s. 13] 

Cognizable or 
non-cognizable 

(4) 
Cognizable 

Bailable 
or non-
bailable 

By what 
Court triable 

(5) 
Non-
Bailable 

(6) 
Magistrate of 
first class. 

Cognizable 

Non-
Bailable 

Magistrate of 
first class,] 

Gujarat 

In the Code of Criminal Procedure, 1973, in the First Schedule, in the table, under the heading “Chapter XVII-Offences against 
Property”, after section 379, the following shall be inserted, namely: — 

Section 

Offence 

Punishment 

Cognizable or 
Non-cognizable 

Bailable or Non-
bailable 

By what court 
triable 

(1) 

“379A 

(2) 

(3) 

(4) 

(5) 

(6) 

Cognizable 

Non-bailable 

Court of Session 

Ditto 

Ditto 

Ditto. 

Ditto 

Ditto 

Ditto. 

Attempt to commit 
snatching 

Committing 
snatching 

Causing hurt or 
wrongful restraint or 
fear of hurt, in order 
to effect escape after 
attempting to commit 
or after committing 
snatching 

Rigorous 
imprisonment of not 
less than five years 
but which may 
extend to ten years, 
and fine of 25,000 
rupees. 

Rigorous 
imprisonment of not 
less than seven years 
but which may 
extend to ten years, 
and fine of 25,000 
rupees. 

Rigorous 
imprisonment which 
may extend to three 
years, in addition to 
punishment under 
other sub-sections. 

379B 

Snatching, after 
preparation having 
been made for 

Rigorous 
imprisonment f not 
less than seven years 

Ditto 

Ditto 

Ditto.”. 

242 

 
 
 
 
 
 
 
but which may 
extend to ten year, 
and fine of 25,000 
rupees. 

causing death, or 
hurt, or restraint, in 
order to the 
committing of such 
snatching, or to 
retaining property 
taken by it. 

[Vide Gujrat Act 6 of 2019, s. 3.] 

Madhya Pradesh 

Amendment  of  First  Schedule.-  In  the  First  Schedule  to  the  principal  Act,  under  the  heading  “I-
OFFENCES  UNDER  THE  INDIAN  PENAL  CODE”,  after  the  entries  relating  to  section  354,  the 
following entries shall be inserted, namely:- 

Section 

Offence 

Punishment 

Cognizable or 
Non-cognizable 

Bailable or Non-
bailable 

By what court 
triable 

(1) 

“354-A 

(2) 

(3) 

(4) 

(5) 

(6) 

Assault or use of 
Criminal force to 
woman with intent 
to disrobe her. 

Imprisonment of 
not less than one 
year but which 
may extend to ten 
years and fine. 

Cognizable 

Non-bailable 

Court of Session” 

[Vide Madhya Pradesh Act 15 of 2004, s. 5.] 

Madhya Pradesh 
Amendment  of  the  First  Schedule.—In  the  First  Schedule  to  the  principal  Act,  under  the  heading               

“I-Offences under the Indian Penal Code”, in column 6 against section 317, 318, 326, 363, 363A, 365, 
377, 392, 393, 394, 409, 435, 466, 467, 468, 471, 472, 473, 474, 475, 476, 477 and 477A, for the words, 
“Magistrate of the first class”, wherever they occur, the  words “Court of Session” shall be substituted. 
[Vide Madhya Pradesh Act 2 of 2008, s. 4.] 
Maharashtra  

In  the  First  Schedule  to  the  Code  of  Criminal  Procedure,  under  heading  “I,-  OFFENCES  UNDER 

THE INDIAN PENAL CODE”,-  

(i) for the entry relating to section 332, the following entry shall be substituted, namely:— 

Section  Offence 

Punishment 

(1) 
“332 

(2) 
Voluntarily 
causing hurt to 
deter public 
servant from his 
duty. 

(3) 
Imprisonment 
for 5 years or 
fine, or both. 

Cognizable or 
Non-cognizable 

Bailable or 
Non-bailable 

By what court 
triable 

(4) 

Cognizable 

(5) 

(6) 
Non- bailable  Court of 

Session.”; 

243 

 
 
 
 
 
(ii) for the entry relating to section 353, the following entry shall be substituted, namely:— 

Section  Offence 

Punishment 

(1) 
“353 

(2) 

Assault or use of 
criminal force to 
deter a public servant 
from discharge of his 
duty. 

(3) 
Imprisonment 
for five years, 
or fine, or both. 

Cognizable or 
Non-
cognizable 

(4) 

Cognizable 

Bailable or 
Non-bailable 

By what court 
triable 

(5) 
Non-bailable 

(6) 
Court of 
Session.”. 

[Vide Maharashtra Act 40 of 2018, s. 5] 

Haryana  

1. 

This Act may be called the Code of Criminal Procedure (Haryana Amendment) Act, 2014. 

Short title 

2. 

In the Code of Criminal Procedure, 1973 in its application to the State of Haryana, in the 
First Schedule, in the table, after section 379, the following entries shall be inserted, 
namely:—   

Amendment 
of First 
Schedule to 
Central Act 2 
of 1974 

1 

2 

3 

4 

5 

6 

Cognizable 

Non-
bailable 

Court of 
Session 

Ditto 

Ditto 

Ditto”. 

“379-A 

Snatching 

379-B 

Snatching 
with hurt or 
wrongful 
restraint or 
fear of hurt. 

Rigorous 
imprisonment for a 
term which shall 
not be less than 
five years but 
which may extend 
to ten years, and 
fine of Rs. 
25,000/- 

Rigorous 
imprisonment for a 
term which shall 
not be less than ten 
years and which 
may extend to 
fourteen years, and 
fine of Rs. 
25,000/- 

[Vide Notification No. GSR929(E) dated 16th December, 2019.] 

244 

 
 
 
 
 
 
 
 
 
           
 
              
       
 
Himachal Pradesh  

Amendment of Central Act No. 2 of 1974.—In the First Schedule to the  Code of Criminal Procedure, 1973, 
under the heading “1. OFFENCES UNDER THE INDIAN PENAL CODE” after the entries relating to section 304-
A, the following entries shall be inserted, namely:— 

4 

Ditto  

5 

Non-bailable  

6 

Court of  
Session” 

1 

“304-AA 

2 

3 

Causing death or 
injury by driving 
a public service 
vehicle while in 
a state of 
intoxication  

Imprisonment 
for life, or 
imprisonment 
for seven years 
and fine  

[Vide Himachal Pradesh 19 of 1997, s. 3.] 

Himachal Pradesh  

Amendment of Central Act No. 2 of 1974. — In the First Schedule to the Code of Criminal Procedure, 1973, 
under the heading “I, OFFENCES UNDER THE INDIAN PENAL CODE”, after the entries relating to section 289, 
the following entries shall be inserted, namely:— 

4 

Ditto 

5 

Ditto 

6 

Ditto. 

1 

2 

3 

Imprisonment for 
one month or fine 
of Rs. 1000/- or 
both 

“289-A 

Whoever throws eatables in 
public place, other than 
those notified by the State 
Government in the Official 
Gazette, and thereby entice 
monkeys to assemble at 
such place for taking 
eatables which result in 
causing danger to human 
life or to be likely to cause 
injury or annoyance to the 
public or to the people in 
general or to cause 
hindrance in smooth 
running of vehicular traffic. 

[Vide Himachal Pradesh Act 15 of 2006, s. 3] 

Himachal Pradesh  

Amendment of Central Act No. 2 of 1947. —In the First Schedule to the Code of Criminal Procedure, 
1973, under the heading “ OFFENCES UNDER THE INDIAN PENAL CODE”, in its application to the  State of 
Himachal Pradesh, against the entries relating to section 304-AA, under column 2, for the words “a public service 
vehicle”, the words “any vehicle” shall be substituted. 

[Vide Himachal Pradesh Act 7 of 2012, s. 3.]  
Jammu and Kashmir and Ladakh (UTs).— 
1  

2 
Sextortion 

354E  

3 
Imprisonment of 
not 
less than 3 years 
but 
which may 
extend to 
five years and 

4 
Cognizable  

5 

Non-bailable 

Magistrate 
of the First 
Class 

245 

 
 
 
 
with 
fine. 

[vide  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of  Central  Laws)  Order,  2020,  vide 
notification No. S.O. 1123(E) dated (18-3-2020).] 

Orissa 

Amendment of First Schedule.—In the First Schedule to the said Code, in the entry under  column 5 
relating  to  section   354  of the  Indian  Penal  Code, 1860  (45  of  1860)  for the  word “Bailable”  the  word 
“non-bailable” shall be substituted. 

[Vide Orissa Act 6 of 1995, s. 3] 

Amendment of First Schedule.— In the first Schedule to the principal Act, for the existing entries relating to 
sections 272, 273,274, 275 and 276, the following entries shall respectively be substituted ,  namely:— 

Section                                                                            

Punishment 

Offence   

Cognizable 
non-cognizable              

or 

(1) 
272.              

(3) 
Imprisonment  for  
life and fine.       

(4) 
Cognizable    

same        

By  what  Court 
triable 

Bailable    non-
bailable            
or                 
(5) 
Non-bailable         Court 

(6) 

of 

Session. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Imprisonment 
for life and fine 

Cognizable 

Non-bailable 

Court 
session. 

for 

Ditto 

Ditto 

Ditto 

Ditto 

273. 

274. 

275. 

276.  

the 

make 

(2) 
Adulterating    food  or  drink 
intended         For sale, or as 
to 
noxious. 
Selling any  food or drink as 
food and drink, knowing the 
same to be noxious. 
Adulterating  any  drug  or 
Preparation 
medical 
intended  for  sale  so  as  to 
Lessen  its  efficacy,  or  to 
change  its  Operation,  or  to 
make it noxious. 
Offering  for  sale  or 
issuing 
a 
dispensary  and  drug  or 
medical 
preparation 
known  to  have  been 
adulterated. 
knowingly  selling  or 
issuing 
A 
dispensary  and  drug  or 
medical  Preparation  as 
a  different  drug  or 
medical preparation. 

from 

from 

[Vide Orissa Act 6 of 2004, s. 3] 

246 

 
 
                                                                                                             
                  
            
Andhra Pradesh and Telangana 

Amendment  of  First  Schedule,  Central  Act  2  of  1974.-  In  the  Code  of  Criminal  Procedure,  1973,  in  the  First 
Schedule, under the heading captioned “I-Offences under the Indian Penal Code”,- 

(i) against the entry relating to section 354 in column 3 for the expression “imprisonment for 2 years, or fine, or 
both”,  the  expression  ,  “imprisonment  for  7  years  and  fine”,  and  in  column  5  for  the  word  “Bailable”,  the  words 
“Non-bailable”, and in column 6 for the words “any Magistrate”, the words “court of session”, shall respectively be 
substituted; 

(ii) against the entries relating to section 355 in column 3 for the word “Ditto” the expression “imprisonment for 
2 years, or fine or both”, and in column 5 for the word “Ditto”, the word “Bailable” and in  column 6 for the word 
“Ditto”, the words “Any Magistrate”, shall respectively be substituted; 

(iii) against the entries relating to section 494 in column 4 for the word “Ditto”, the word “cognizable” and in 

column 5 for the word “Bailable”, the words “Non-bailable” shall respectively be substituted; 

(iv) against the entries relating to section 495 in column 4 for the word “Ditto”, the word “cognizable” and in 

column 5 for the word “Ditto”, the words “Non-bailable” shall respectively be substituted; 

(v) against the entries relating to section 496 in column 4 for the word “Ditto”, the word “Cognizable” and in 

column 5 for the word “Ditto”, the words “Non-bailable” shall respectively be substituted; 

(vi) against the entries relating to section 497 in column 4 for the  word “Ditto”, the  words “Non-cognizable” 

and in column 5 for the word “Ditto”, the word “Bailable” shall respectively be substituted. 
[Vide Andhra Pradesh Act 3 of 1992, s. 2] 

Uttar Pradesh 

Amendment of the First Schedule to Act no. 2 of 1974. –In the Code of Criminal Procedure, 1973, 
in the First Schedule, for the existing entries against sections 272, 273, 274, 275 and 276, the following 
entries shall be substituted in Columns 2,3,4,5 and 6 respectively, namely:-- 

‘‘272  Adulterating food or drink 
intended for sale, so as to 
make the same noxious. 

Imprisonment for 
life, with or 
without fine. 

Cognizable 

Non- 
bailable 

Court of 
session 

273  Selling any food or drink 

as food and drink, knowing 
the same to be noxious. 
274  Adulterating any drug or 
medical preparation 
intended for sale so as to 
lessen its efficacy, or to 
make it noxious.  

275  Offering for sale or issuing 

from a dispensary any 
drug or medical 
preparation known to have 
been adulterated. 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Ditto 

Imprisonment for 
life, with or 
without fine. 

Cognizable 

Non- 
bailable 

Court of 
session 

276  Knowingly selling or 

Ditto 

Ditto 

Ditto 

Ditto 

issuing from a dispensary 
any drug or medical 
preparation as a different 
drug or medical 
preparation 

[Vide Uttar Pradesh  Act 47 of 1975, s. 4] 

247 

 
 
 
 
 
 
Uttar Pradesh  

In the First Schedule to the said Code, in the entries relating to section 363 of the Indian Penal Code, 

in column 5, for the existing words, the words “Non-bailable” shall be substituted. 
[Vide Uttar Pradesh Act 1 of 1984, s. 12] 

248 

 
 
 
 
 
THE SECOND SCHEDULE 

(See section 476) 

FORM No. 1 

SUMMONS TO AN ACCUSED PERSON 

(See section 61) 

To      (name of accused) of (address) 

WHEREAS your attendance is necessary to answer to a charge of                                                 (state 
shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may 
be) before the (Magistrate) of                      , on the               day                         . Herein fail not. 

Dated, this 

day of 

, 19        . 

(Seal of the Court) 

(Signature) 

________________ 

FORM No. 2 

WARRRANT OF ARREST 

(See section 70) 

To      (name and designation of the person or persons who is or are to execute the warrant). 

WHEREAS (name of accused) of (address) stands charged with the offence of             (state the 
offence), you are hereby directed to arrest the said                                                  , and to produce 
him before me. Herein fail not. 

Dated, this 

day of      

,19     . 

(Seal of the Court) 

(Signature) 

This warrant may be endorsed as follows:— 

(See section 71) 

If the said                                                                                      shall give bail himself in the sum 
of rupees                                                      with one surety in the sum of rupees                               (or two 
sureties each in the sum of rupees                 ) to attend before me on the                   day of                  and 
to continue so to attend until otherwise directed by me, he may be released. 

Dated, this                     

day of 

,19     . 

(Seal of the Court) 

(Signature) 

________________ 

249 

 
 
 
 
 
 
 
 
 
 
 
FORM No. 3 

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT 

(See section 81) 

I,                                            (name), of                                                              ,being brought before 
the District Magistrate of                                                                 (or as the case may be) under a warrant 
issued to compel my appearance to answer to the charge of                               , do hereby bind myself to 
attend in the Court of                                       on the                 day of                   next, to answer to the 
said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making 
default herein, I bind myself to forfeit, to Government, the sum of rupees         

Dated, this 

day of 

,19     . 

(Signature) 

I do hereby declare myself surety for the above-named                              of                                that 
he shall attend before                                                                                                        in the Court of on 
the                                    day of                                                      next, to answer to the charge on which 
he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of 
his making default therein, I bind myself to forfeit, to Government, the sum of rupees 

Dated, this 

day of  

,19     . 

      ________________ 

FORM No. 4 

(Signature)    

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED 

(See section 82) 

WHEREAS a complaint has been made before me that                               (name, description and 
address) has committed (or is suspected to have committed) the offence of                                         , 
punishable under section                    of the Indian Penal Code, and it has been returned to a warrant of 
arrest thereupon issued that the said                                            (name) cannot be found, and whereas it 
has been shown to my satisfaction that the said                   (name) has absconded (or is concealing 
himself to avoid the service of the said warranty); 

Proclamation is hereby made that the said                                          of                        is required to 
appear at                                              (place) before this Court (or before me) to answer the said 
complaint on the                day of                    

Dated, this 

day of      

,19    . 

(Seal of the Court) 

(Signature) 

________________

250 

 
 
 
 
 
 
 
 
 
 
 
FORM No. 5 

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS 

(See sections 82, 87 and 90) 

concisely) 

WHEREAS complaint has been made before me that                                           (name, description and 
address) has committed (or is suspected to have committed) the offence of                               (mention 
the  offence 
of                                 (name, description and address of the witness) before this Court to be examined 
touching  the  matter  of  the  said  complaint;  and  whereas  it  has  been  returned  to  the  said  warrant  that                   
the said                                            (name of witness) cannot be served, and it has been shown to my 
satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); 

a  warrant  has  been 

compel 

issued 

and 

the 

to 

attendance                                                       

Proclamation is hereby made that the said                                                                 (name) is required 
to appear at                          (place) before the Court                                     on the                               day 
of                                  next at                        o’clock to be examined touching                                 the 
offence complained of. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

________________ 

FORM No. 6 

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS 

To the officer in charge of the police station at 

(See section 83) 

WHEREAS  a warrant has been duly issued to compel the attendance of                (name, description 
and address) to testify concerning a complaint pending before this Court, and it has been returned to the 
said  warrant  that  it  cannot  be  served;  and  whereas  it  has  been  shown  to  my  satisfaction  that  he  has 
absconded  (or  is  concealing  himself  to  avoid  the  service  of  the  said  warrant);  and  thereupon  a 
Proclamation has been or is being duly issued and published requiring the said                              to 
appear and give evidence at the time and place mentioned therein; 

This  is  to  authorise  and  require  you  to  attach  by  seizure  the  movable  property  belonging  to  the                

said                                       to the value of rupees                                     which you may find within the 
District                                 of                            and to hold the said property under attachment pending 
the further order of this Court, and to return this warrant with an endorsement certifying the manner of its 
execution. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

________________

251 

 
 
 
 
 
 
 
 
 
 
FORM No. 7 
ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED 

(See section 83) 

To  

      (name and designation of the person or persons who is or are to execute the warrant). 

WHEREAS complaint has been made before me that                                                (name, description 
and address) has committed (or is suspected to have committed) the offence of                       punishable 
under section                               of the Indian Penal Code, and it has been returned to a warrant of arrest 
thereupon issued that the said                              (name) cannot be found; and whereas it has been shown 
to my satisfaction that the said                                      (name) has absconded (or is concealing himself               
to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued 
and published requiring the said                                                                  to appear to answer the said 
charge within                       days; and whereas the said                            is possessed of the following 
property, other than land paying revenue to Government, in the village (or town), of                              , in 
the District of                            ,  viz.,                      , and an order has been made for the attachment 
thereof; 

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), 
or both*, of sub-section (2) of section 83, and to hold the same under attachment pending further order of 
this Court, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this 

day of 

,19     . 

(Seal of the Court)  
__________________________________________________________________________ 

(Signature) 

* Strike out the one which is not applicable, depending on the nature of the property to be attached. 

_______________ 
FORM No. 8 
ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR 

(See section 83) 

To the District Magistrate/Collector of the District of 

WHEREAS complaint has been made before me that                             (name, description and address) 

has  committed (or is  suspected  to  have  committed)  the  offence  of                                          ,  punishable  under              
section                            of  the  Indian  Penal  Code,  and  it  has  been  returned  to  a  warrant  of  arrest  thereupon              
issued that the said                                             (name) cannot be found; and whereas it has been                     
shown  to  my  satisfaction  that  the  said                                        (name)  has  absconded  (or  is  concealing                            
himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly 
issued  and  published  requiring  the  said                        (name)  to  appear  to  answer  the  said  charge                            
within                             days; and whereas the said                         is possessed of certain land paying 
revenue to Government in the village (or town) of                        , in the District of                                   ; 

You are hereby authorised and requested to cause the said land to be attached, in the manner specified 
in  clause (a),  or  clause (c),  or both*,  of  sub-section  (4)  of  section  83, and to  be  held  under attachment 
pending the further order of this Court, and to certify without delay what you may have done in pursuance 
of this order. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 
_____________________________________________________________________________________ 
* Strike out the one which is not desired.

(Signature) 

252 

 
 
 
 
 
 
 
 
 
 
FORM No. 9 

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS 

(See section 87) 

To 

(name  and  designation  of  the  police  officer  or  other  person  or  persons  who  is  or  are  to  execute  the 
warrant). 

WHEREAS complaint has been made before me that                              (name and description                      

of accused)  of            (address) has (or is suspected to have) committed the offence of              (mention 
the offence concisely), and it appears likely that                                       (name and description of witness) 
can  give  evidence  concerning  the  said  complaint,  and  whereas  I  have  good  and  sufficient  reason  to 
believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; 

This is to authorise and require you to arrest the said                                            (name of witness), 
and on the                     day of                     to bring him before this Court                            , to be 
examined touching the offence complained of. 

Dated, this 

day of 

, 19      . 

(Seal of the Court) 

(Signature)                  

_______________ 

FORM No. 10 

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE 

(See section 93) 

To 

(name  and  designation  of  the  police  officer  or  other  person  or  persons  who  is  or  are  to  execute  the 
warrant). 

WHEREAS information has been laid                                         (or complaint has been made) before 
me of the commission                                                                    (or suspected commission) of the offence 
of                             (mention the offence concisely), and it has been made to appear to me that the 
production of                                                 (specify the thing clearly) is essential to the inquiry now 
being made (or about to be made) into the said offence (or suspected offence); 

This is to authorise and require you to search for the said                                       (the thing specified) 
in the                                                 (describe the house or place or part thereof to which the search is to 
be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with 
an endorsement certifying what you have done under it, immediately upon its execution. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

 (Signature) 

_______________

253 

 
 
 
 
 
 
 
FORM No. 11 

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT 

(See section 94) 

To  

       (name and designation of the police officer above the rank of a constable). 

WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to 
believe that the                                              (describe the house or other place) is used as a place for the 
deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the 
purpose in the words of the section); 

This is to authorise and require you to enter the said house (or other place) with such assistance as 
shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of 
the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to 
seize  and  take  possession  of  any  property  (or  documents,  or  stamps,  or  seals,  or  coins,  or  obscene 
objects, as the case may be) (add, when the case requires it) and also of any instruments and materials 
which  you  may  reasonably  believe  to  be  kept  for  the  manufacture  of  forged  documents,  or  counterfeit 
stamps,  or  false  seals,  or  counterfeit  coins  or  counterfeit  currency  notes  (as  the  case  may  be),  and 
forthwith to bring before this Court such of the said things as may be taken possession of, returning this 
warrant, with an endorsement certifying what you have done under it, immediately upon its execution. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_______________ 

FORM No. 12 

BOND TO KEEP THE PEACE 

(See sections 106 and 107) 

WHEREAS I,                                                 (name), inhabitant of                                             (place), 
have been called upon to enter into a bond to keep the peace for the term of                                    or until 
the completion of the inquiry in the matter of                                                     now pending in the Court 
of                                               , I hereby bind myself not to commit a breach of the peace, or do any act 
that may probably occasion a breach of the peace, during the said term or until the completion of the said 
inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government, the sum 
of rupees 

Dated, this 

day of 

,19     . 

_______________

(Signature) 

254 

 
 
 
 
 
 
 
FORM No. 13 

BOND FOR GOOD BEHAVIOUR 

(See sections 108, 109 and 110) 

WHEREAS I,                                    (name), inhabitant of                                                      (place), 

have been called upon to enter into a bond to be of good behaviour to Government and all the citizens                 
of  India  for  the  term  of  (state  the  period)  or  until  the  completion  of  the  inquiry  in  the  matter                                
of                              now pending in the Court of                                         , I hereby bind myself to be of 
good behaviour to Government and all the citizens of India during the said term or until the completion of 
the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government 
the sum of rupees 

Dated, this 

day of 

,19     . 

(Signature) 

(Where a bond with sureties is to be executed, add) 

We do hereby declare ourselves sureties for the above-named 

that he will be of good behaviour to Government and all the citizens of India during the said term or until 
the completion of the said inquiry; and, in case of his making default therein, we bind ourselves,  jointly 
and severally, to forfeit to Government the sum of rupees                        

Dated, this 

day of 

,19     . 

(Signature) 

_______________ 

FORM No. 14 

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE 

To                             

(See section 113) 

of    

WHEREAS it has been made to appear to me by credible information that                                   (state 
the substance of the information), and that you are likely to commit a breach of the peace (or by which  
act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or   
by a duly authorised agent) at the office of the Magistrate of                 on the            day of          19        , 
at  ten  o’clock  in  the  forenoon,  to  show  cause  why  you  should  not  be  required to  enter into a  bond  for 
rupees                   [when sureties are required, add, and also to give security by the bond of one (or two, 
as the case may be) surety (or sureties) in the sum of rupees                    (each if more than one)], that you 
will keep the peace for the term of  

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_______________

255 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 15 
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE 
(See section 122) 

To the Officer in charge of the Jail at 

WHEREAS                                                           (name and address) appeared before me in person                

(or by his authorised agent) on the                       day of                              in obedience to a summons 
calling upon him to show cause why he should not enter into a bond for rupees                          with one 
surety (or a bond with two sureties each in rupees                   ), that he, the said                               (name) 
would  keep  the  peace  for  the  period  of  months;  and  whereas  an  order  was  then  made  requiring  the                 
said                                        (name) to enter into and find such security                                           (state 
the security  ordered  when it  differs from that  mentioned  in  the  summons),  and he  has  failed to comply 
with the said order; 

This is to authorise and require you to receive the said                                   (name) into your custody, 

together  with  this  warrant,  and  him  safely 
of                                                 (term of imprisonment) unless he shall in the meantime be lawfully 
ordered  to  be  released,  and  to  return  this  warrant  with  an  endorsement  certifying  the  manner  of  its 
execution. 

the  said  Jail  for 

to  keep 

in 

the  said  period                                              

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_______________ 
FORM No. 16 
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR 
(See section 122) 

To the Officer in charge of the Jail at 

WHEREAS it has been made to appear to me that                                             (name and description) 
has been concealing his presence within the district of                                                   and that there is 
reason to believe that he is doing so with a view to committing a cognizable offence; 

or 

WHEREAS evidence of the general character of                                                   (name and description) 

has  been  adduced  before  me  and  recorded,  from  which  it  appears  that  he  is  an  habitual  robber  (or                  
house-breaker, etc., as the case may be); 

AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish 
security for his good behaviour for the term of (state the period) by entering into a bond with one surety 
(or two or more sureties, as the case may be), himself for rupees                                                    , and the 
said surety (or each of the said sureties) rupees                         , and the said                               (name)  
has failed to comply with the said order and for such default has been adjudged imprisonment for (state 
the term) unless the said security be sooner furnished; 

This is to authorise and require you receive the said                                            (name) into your 
custody,  together  with  this  warrant  and  him  safely  to  keep  in  the  Jail,  or  if  he  is  already  in  prison,  be 
detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully 
ordered  to  be  released,  and  to  return  this  warrant  with  an  endorsement  certifying  the  manner  of  its 
execution. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_______________

256 

 
 
 
 
 
 
 
 
 
 
 
FORM No. 17 
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY 
(See sections 122 and 123) 

To the Officer in charge of the Jail at                      (or other officer in whose custody the person is). 

WHEREAS                                               (name and description of prisoner) was committed to your 
custody under warrant of the Court, dated the                          day of                         19                   ; and 
has since duly given security under section                 of the Code of Criminal Procedure, 1973. 

or 

WHEREAS                              (name and description of prisoner) was committed to your custody 
under warrant of the Court, dated the                              day of                                 19          ; and there 
have  appeared  to  me  sufficient  grounds  for  the  opinion  that  he  can  be  released  without  hazard  to  the 
community; 

This is to authorise and require you forthwith to discharge the said                                 (name) from 

your custody unless he is liable to be detained for some other cause. 

Dated, this 

day of 

 ,19    . 

(Seal of the Court) 

(Signature) 

_______________ 
FORM No. 18 
WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE 
(See section 125) 

To the Officer in charge of the Jail at 

WHEREAS 

                                             (name, description and address) has been proved before me 

to be possessed of sufficient means to maintain his wife                                                      (name) [or his      
child                              (name) or his father or mother                                        (name), who is by              
reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to 
do so, and an order has been duly made requiring the said                                       (name) to allow to          
his said                                     wife (or child or father or mother) for maintenance the monthly sum of 
rupees                              ; and whereas it has been further proved that the said                               (name) 
in wilful disregard of the said order has failed to pay rupees                             , being the amount of the 
allowance for the month (or months) of                                  ; 

And  thereupon  an  order  was  made  adjudging  him  to  undergo  imprisonment  in  the  said  Jail  for  the 

period of                           ; 

This is to authorise and require you receive the said                                  (name) into your custody in 
the said Jail, together with this warrant, and there carry the said order into execution according to law, 
returning this warrant with an endorsement certifying the manner of its execution. 

Dated, this 

day of 

,19      . 

(Seal of the Court) 

(Signature) 

______________

257 

 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 19 

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE 

(See section 125) 

To 

(name and designation of the police officer or other person to execute the warrant). 

WHEREAS an order has been duly made requiring                                                            (name) to 

allow  to  his  said  wife  (or  child  or  father  or  mother)  for  maintenance  the  monthly  sum  of                   
rupees                                          , and whereas the said                                              (name) in wilful 
disregard of the said order has failed to pay rupees                                  , being the amount of the 
allowance for the month (or months) of  

This  is  to  authorise  and  require  you  to  attach  any  movable  property  belonging  to  the                             

said                                  (name) which may be found within the district of                                   , and if 
within                                     (state the number of days or hours allowed)                              next after 
such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so 
much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement 
certifying what you have done under it, immediately upon its execution. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

______________ 
FORM No. 20 
ORDER FOR THE REMOVAL OF NUISANCES 
(See section 133) 

To          (name, description and address). 

WHEREAS 

it  has  been  made 

to  appear 

to  me 

that  you  have  caused  an  obstruction                                

(or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road 
or public place)                       by, etc., (state what it is that causes the obstruction or nuisance), and that 
such obstruction (or nuisance) still exists; 

or 

WHEREAS  it  has  been  made  to  appear  to  me  that  you  are  carrying  on,  as  owner,  or  manager,  the              

trade or occupation of                                                 (state the particular trade or occupation and the 
place  where  it  is  carried  on),  and  that  the  same  is  injurious  to  the  public  health  (or  comfort)  by                 
reason                               (state briefly in what manner the injurious effects are caused), and should be 
suppressed or removed to different place; 

or 

WHEREAS  it  has  been  made  to  appear  to  me  that  you  are  the  owner  (or  are  in  possession  of                          

or have the control over) a certain tank (or well or excavation) adjacent to the public way (describe the 
thoroughfare),  and  that  the  safety  of  the  public  is  endangered  by  reason  of  the  said  tank  (or  well                          
or excavation) being without a fence or insecurely fenced); 

WHEREAS, etc., etc., (as the case may be); 

or 

258 

 
 
 
 
I do hereby direct and require you within                                          (state the time allowed) (state 
what is required to be done to abate the nuisance)                                                                    or to appear 
at                   in the                    Court of                        on the                 day of                                  next, 
and to show cause why this order should not be enforced; 

I do hereby direct and require you within                                 (state the time allowed) to cease 
carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove 
the said trade from the place where it is now carried on, or to appear, etc.; 

or 

or 

I do hereby direct and require you within                                                   (state the time allowed) to 

put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; 

I do hereby direct and require you, etc., etc. (as the case may be). 

or 

Dated, this 

day of 

, 19    . 

(Seal of the Court) 

(Signature) 

______________ 
FORM No. 21 
MAGISTRATE’S NOTICE AND PEREMPTORY ORDER 
(See section 141) 

To          (name, description and address). 

I HEREBY give you notice that it has been found that the order issued on the                                     day 
of                             requiring you (state substantially the requisition in the order) is reasonable and 
proper.  Such order has been made absolute, and I hereby direct and require you to obey the said order 
within  (state  the  time  allowed),  on  peril  of  the  penalty  provided  by  the  Indian  Penal  Code  for 
disobedience thereto. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

______________ 
FORM No. 22 
INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY 
(See section 142) 

To          (name, description and address). 

WHEREAS the inquiry into the conditional order issued by me on the             day of         ,19          , is  
pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended 
with  such  imminent  danger  or  injury  of  a  serious  kind  to  the  public  as  to  render  necessary  immediate 
measures to prevent such danger or injury, I do hereby, under the provisions of section 142 of the Code of 
Criminal Procedure, 1973, direct and enjoin you forthwith to (state plainly what is required to be done as 
a temporary safeguard), pending the result of the inquiry. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_____________

259 

 
 
 
 
 
 
 
 
 
FORM No. 23 

MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE 

(See section 143) 

To          (name, description and address). 

WHEREAS it has been made to appear to me that, etc. (state the proper recital, guided by Form No. 20 

or Form No. 24, as the case may be); 

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 24 

MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. 

(See section 144) 

To          (name, description and address). 

WHEREAS it has been made to appear to me that you are in possession (or have the management) of 
(describe clearly the property), and that, in digging a drain on the said land, you are about to throw or 
place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of 
obstruction to persons using the road; 

or 

WHEREAS  it  has  been  made  to  appear  to  me  that  you  and  a  number  of  other  persons  (mention  the 
class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case 
may be) and that such procession is likely to lead to a riot or an affray; 

WHEREAS, etc., etc., (as the case may be); 

or 

I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any 
part of the said road; 

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not 

to take any part in such procession (or as the case recited may require). 

or 

Dated, this 

day of 

, 19     . 

(Seal of the Court) 

(Signature) 

_____________

260 

 
 
 
 
 
 
 
 
 
 
FORM No. 25 
MAGISTRATE’S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE 

(See section 145) 

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, 
existed between                                      (describe the parties by name and residence or residence only if 
the dispute be between bodies of villagers) concerning certain                                        (state concisely the 
subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a 
written statement of their respective claims as to the fact of actual possession of the said                     (the 
subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of 
the claim of either of the said parties to the legal right of possession, that the claim of actual possession by 
the said                                                 (name or names or description) is true; I do decide and declare that 
he is (or they are) in possession of the said                                                   (the subject of dispute) and 
entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance 
of his (or their) possession in the meantime. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 26 

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. 

(See section 146) 

To the officer in charge of the police station at 

(or, To the Collector of                                                    ). 

WHEREAS  it  has  been  made  to  appear  to  me  that  a  dispute  likely  to  induce  a  breach  of  the  peace, 
existed between                     (describe the parties concerned by name and residence, or residence only if 
the dispute be between bodies of villagers) concerning certain                                             (state concisely 
the  subject  of  dispute)  situate  within  the  limits  of  my  jurisdiction,  and  the  said  parties  were  thereupon 
duly  called  upon  to  state  in  writing  their  respective  claims  as  to  the  fact  of  actual  possession  of  the               
said                     (the subject of dispute), and whereas, upon due inquiry into the said claims, I have 
decided that neither of the said parties was in possession of the said                          (the subject of 
dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid); 

This is to authorise and require you to attach the said                                   (the subject of dispute) by 
taking and keeping possession thereof, and to hold the same under attachment until the decree or order of 
a  competent  Court  determining  the  rights  of  the  parties,  or  the  claim  to  possession,  shall  have  been 
obtained, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this 

day of 

,19      . 

(Seal of the Court) 

(Signature) 

_____________

261 

 
 
 
 
 
 
 
 
 
 
FORM No. 27 
MAGISTRATE’S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER 

 (See section 147) 

A dispute having arisen concerning the right of use of                                              (state concisely the 
subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed 
exclusively by                                           (describe the person or persons), and it appears to me, on due 
inquiry  into the  same,  that  the  said land  (or  water)  has  been  open to the  enjoyment  of  such  use by  the 
public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed 
throughout the year) that the said use has been enjoyed within three months of the institution of the said 
inquiry (or if the use is enjoyable only at a particular season, say, “during the last of the seasons at which 
the same is capable of being enjoyed”); 

I do order that the said                                (the claimant or claimants of possession) or any one in 
their  interest,  shall  not  take  (or  retain)  possession  of  the  said  land  (or  water)  to  the  exclusion  of  the 
enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent 
Court adjudging him (or them) to be entitled to exclusive possession. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 28 
BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER 

 (See section 169) 

I, (name), of                                     , being charged with the offence of                                       , and 

after inquiry required to appear before the Magistrate of                          

or 

and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind 
myself to appear at                                 , in the Court of               , on the                 day of             next (or 
on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of 
my making default herein.  I bind myself to forfeit to Government, the sum of rupees  

Dated, this 

day of 

,19     . 

(Signature) 

I  hereby  declare  myself  (or  we  jointly  and  severally  declare  ourselves  and  each  of  us)  surety  (or 
sureties) for the above said (name) that he shall attend at                             in the Court of                     , on 
the            day of                 next (or on such day as he may hereafter be required to attend), further to 
answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself 
(or we hereby bind ourselves) to forfeit to Government the sum of rupees. 

Dated, this 

day of 

,19       . 

(Signature) 

_____________

262 

 
 
 
 
 
 
 
 
FORM No. 29 
BOND TO PROSECUTE OR GIVE EVIDENCE 

 (See section 170) 

I,                                 (name) of                                             (place), do hereby bind myself to attend 
at                                 in the Court of                              at                                   o’clock on the            day 
of                          next and then and there to prosecute (or to prosecute and give evidence) (or to give 
evidence) in the matter of a charge of                            against one A.B., and, in case of making default 
herein, I bind myself to forfeit to Government the sum of rupees 

Dated, this 

day of 

,19   . 

_____________ 

(Signature) 

FORM No. 30 
SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE 

 (See section 206) 

To, 

(Name of the accused) 

of                                                      (address)  

WHEREAS your attendance is necessary to answer a charge of a petty offence (state shortly the offence 
charged), you are hereby required to appear in person (or by pleader) before                          (Magistrate) 
of                            on the                     day of                    19              , or if you desire to plead guilty to 
the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty 
in writing and the sum of                   rupees as fine, or if you desire to appear by pleader and to plead 
guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your 
behalf and to pay the fine through such pleader.  Herein fail not. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

(Note.-The amount of fine specified in this summons shall not exceed on hundred rupees.) 

_____________ 

FORM No. 31 
NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR 

 (See section 209) 

The Magistrate of                        hereby gives notice that he has committed one                         for 
trial  at  the  next  Sessions;  and  the  Magistrate  hereby  instructs  the  Public  Prosecutor  to  conduct  the 
prosecution of the said case. 

The charge against the accused is that,                                                 etc. (state the offence as in the 

charge) 

Dated, this 

day of 

,19      . 

(Seal of the Court) 

(Signature) 

_____________

263 

 
 
 
 
 
 
 
 
 
FORM No. 32 

CHARGES 

 (See sections 211,212 and 213) 

I. CHARGES WITH ONE-HEAD 

(1) (a) I,                                                                                     (name and office of Magistrate, etc.), 

hereby charge you                                    (name of accused person) as follows:— 

(b) On section 121—That you, on or about the                                 day of            , at              , waged 
war against the Government of India and thereby committed an offence punishable under section 121 of 
the Indian Penal Code, and within the cognizance of this Court. 

(c) And I hereby direct that you be tried by this Court on the said charge. 

(Signature and seal of the Magistrate) 

[To be substituted for (b)]:— 

(2) On section 124—That you, on or about the                 day of                           , at             , with the 
intention of inducing the President of India [or, as the case may be, the Governor of          (name of State)] 
to  refrain  from  exercising  a  lawful  power  as  such  President  (or,  as  the  case  may  be,  the  Government) 
assaulted President (or, as the case may be, the Governor), and thereby committed an offence punishable 
under section 124 of the India Penal Code, and within the cognizance of this Court. 

(3) On section 161—That you, being a public servant in the                   Department, directly accepted 
from                            (state the name) for another party                 (state the name) gratification other than 
legal  remuneration,  as  a  motive  for  forbearing  to  do  an  official  act,  and  thereby  committed  an  offence 
punishable under section 161 of the Indian Penal Code, and within the cognizance of this Court. 

(4) On section 166—That you, on or about the               day of                   , at          , did (or omitted 
to do, as the case may be)                 , such conduct being contrary to the provisions of              Act      , 
section          ,        and known by you to be prejudicial to                       , and thereby committed an 
offence punishable under section 166 of the Indian Penal Code, and within the cognizance of this Court. 

(5) On section 193—That you, on or about the                day of                , at          , in the course of 
the trial of                     before                        , stated in evidence that “                          “ which statement 
you either knew or believed to be false, or did not believe to be true, and thereby committed an offence 
punishable under section 193 of the Indian Penal Code, and within the cognizance of this Court. 

(6) On section 304—That you, on or about the              day of                    , at                   , committed 
culpable homicide not amounting to murder, causing the death of                                         , and thereby 
committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance 
of this Court. 

(7) On section 306—That you, on or about the         day of         , at                   , abetted the 
commission  of  suicide  by  A.B.,  a  person  in  a  state  of  intoxication,  and  thereby  committed  an  offence 
punishable under section 306 of the Indian Penal Code, and within the cognizance of this Court. 

(8) On section 325—That you, on or about the                  day of            , at                  , voluntarily 
caused grievous hurt to                        , and thereby committed an offence punishable under section 325 of 
the Indian Penal Code, and within the cognizance of this Court. 

(9) On section 392—That you, on or about the                   day of                           , at               , 
robbed               (state the name), and thereby committed an offence punishable under section 392 of the 
Indian Penal Code, and within the cognizance of this Court. 

264 

 
 
 
 
 
(10) On section 395—That you, on or about the                      day of                   , at                , 
committed  dacoity,  an  offence  punishable  under  section  395  of  the  Indian  Penal  Code,  and  within  the 
cognizance of this Court. 

II. CHARGES WITH TWO OR MORE HEADS 

(1) (a) I,                                                                           (name and office of Magistrate, etc.), hereby 

charge you                                                     (name of accused person) as follows:— 

(b) On section 241—First—That you, on or about the                day of                     , at          , 
knowing a coin to be counterfeit, delivered the same to another person, by name, A.B., as genuine, and 
thereby  committed  an  offence  punishable  under  section  241  of  the  Indian  Penal  Code,  and  within  the 
cognizance of the Court of Session. 

Secondly—That you, on or about the                               day of                     , at             , knowing a 
coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and 
thereby  committed  an  offence  punishable  under  section  241  of  the  Indian  Penal  Code,  and  within  the 
cognizance of the Court of Session. 

(c) And I hereby direct that you be tried by the said Court on the said charge. 

(Signature and seal of the Magistrate) 

[To be substituted for (b)]:— 

(2) On sections 302 and 304—First—That you, on or about the                 day of             , at           , 
committed murder by causing the death of                                      , and thereby committed an offence 
punishable  under  section  302  of  the  Indian  Penal  Code,  and  within  the  cognizance  of  the  Court  of 
Session. 

Secondly—That you, on or about the                               day of                   , at                , by causing 
the  death  of                                                ,  committed  culpable  homicide  not  amounting  to  murder,  and  thereby 
committed an offence punishable under section 304 of the Indian Penal Code, and within the  cognizance 
of the Court of Session. 

(3) On sections 379 and 382—First—That you, on or about the                  day of         , at           , 
committed  theft,  and  thereby  committed  an  offence  punishable  under  section  379  of  the  Indian  Penal 
Code, and within the cognizance of the Court of Session. 

Secondly—That you, on or about the                         day of              , at                  , committed theft, 
having  made  preparation  for  causing  death  to  a    person  in  order  to  the  committing  of  such  theft,  and 
thereby  committed  an  offence  punishable  under  section  382  of  the  Indian  Penal  Code,  and  within  the 
cognizance of the Court of Session. 

Thirdly—That you, on or about the                        day of           , at           , committed theft, having 
made  preparation  for  causing  restraint  to  a  person  in  order  to  the  effecting  of  your  escape  after  the 
committing of such theft, and thereby committed an offence punishable under section 382 of the Indian 
Penal Code, and within the cognizance of the Court of Session. 

Fourthly—That you, on or about the                        day of                     , at                 , committed 
theft, having made preparation for causing fear of hurt to a person in order to the restraining of property 
taken by such theft and thereby committed an offence punishable under section 382 of the Indian Penal 
Code, and within the cognizance of the Court of Session. 

(4) Alternative charge on section 193—That you, on or about the                day of          , at           , 
in the course of the inquiry into               , before                      , stated in evidence that “               “, and 
that you, on or about the                       day of                         , at                        , in the course of the trial 
of                             , before                               , stated in the evidence that “                             “, one of 
which  statements  you  either  knew  or  believed  to  be  false,  or  did  not  believe  to  be  true,  and  thereby 
committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance 
of the Court of Session. 

(In cases tried by Magistrates substitute “within my cognizance” for “within the cognizance of the Court 
of Session”.) 

265 

 
 
 
III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION 

I,                                                                                           (name and office of Magistrate, etc.) 

hereby charge you                                                 (name of accused person) as follows: — 

That you, on or about the                              day of                      , at                   ,             committed 
theft,  and  thereby  committed  an  offence  punishable  under  section  379  of  the  Indian  Penal  Code,  and 
within  the  cognizance  of  the  Court  of  Session  (or  Magistrate,  as  the  case  may be).    And  you,  the  said 
(name of accused), stand further charged that you, before the committing of the said offence, that is to 
say, on the day of                                , had been convicted by the                      (state Court by which 
conviction was had) at                                          of an offence punishable under Chapter XVII of the 
Indian  Penal  Code  with  imprisonment  for  a  term  of  three  years,  that  is  to  say,  the  offence  of                    
house-breaking by night                                           (describe the offence in the words used in the section 
under which the accused was convicted), which conviction is still in full force and effect, and that you are 
thereby liable to enhanced punishment under section 75 of the Indian Penal Code. 

And I hereby direct that you be tried, etc. 

_____________ 

FORM No. 33 
SUMMONS TO WITNESS 
 (See sections 61 and 244) 
To                                                                      of                            

WHEREAS complaint has been made before me that                                                      (name of the 
accused) of                                                 (address) has (or is suspected to have) committed the offence 
of                                                  (state the offence concisely with time and place), and it appears to me 
that  you  are  likely  to  give  material  evidence  or  to  produce  any  document  or  other  thing  for  the 
prosecution; 

You are hereby summoned to appear before this Court on the             day of                   next at                  

ten o’clock in the forenoon, to produce such document or thing or to testify what you know concerning 
the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby 
warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be 
issued to compel your attendance. 

Dated, this 
(Seal of the Court) 

day of 

,19   . 

(Signature) 

_____________ 

FORM No. 34 
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A 1[COURT] 
2[(See sections 235, 248 and 255)] 

To the Officer in charge of Jail at  

WHEREAS on the                        day of                  ,                                         (name of the prisoner), 
the (1st, 2nd, 3rd, as the case may be) prisoner in case No.                         of the Calendar for 19             , 
was convicted before me                                                            (name and official designation) of the 
offence of                                                                                 (mention the offence or offences concisely) 
under section (or sections)                    of the Indian Penal Code (or of                            Act          ), and 
was sentenced to                                                  (state the punishment fully and distinctly); 

This is to authorise and require you to receive the said                                         (prisoner’s name) 
into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into 
execution according to law. 

Dated, this 

day of 

,19     . 

(Seal of the Court) 

(Signature) 

_____________

1. Subs. by Act 45 of 1978, s. 35, for “MAGISTRATE”. 
2. Subs. by s. 35, ibid, for “(See sections 248 and 355)” (w.e.f. 18-12-1978). 

266 

 
 
 
 
 
 
 
 
                                                 
FORM No. 35 

WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION 

(See section 250) 

To the Officer in charge of Jail at 

WHEREAS                       (name and description) has brought against                                 (name and 
description of the accused person) the complaint that                                                           (mention it 
concisely)  and  the  same  has  been  dismissed  on  the  ground  that  there  was  no  reasonable  ground  for 
making the accusation against the said                                                        (name) and the order of 
dismissal awards payment by the said                                                    (name of complainant) of the sum 
of rupees                      as compensation; and whereas the said sum has not been paid and an order has 
been made for his simple imprisonment in Jail for the period of                   days, unless the aforesaid sum 
be sooner paid; 

This is to authorise and require you to receive the said                                                           (name) 
into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of 
(term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said 
sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with 
an endorsement certifying the manner of its execution. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 36 

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF 
OFFENCE 

To the Officer in charge of Jail at 

(See section 267) 

WHEREAS the attendance of                                                   (name of prisoner) at present 

confined/detained  in  the  above-mentioned  prison,  is  required  in  this  Court  to  answer  to  a  charge              
of                                                           (state shortly the offence charged) or for the purpose of a 
proceeding                                (state shortly the particulars of the proceeding); 

You are hereby required to produce the said                       under safe and sure conduct before this 
Court at              on the               day of             , 19      , by           A.M. there to answer to the said charge, 
or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, 
cause him to be conveyed under safe and sure conduct back to the said prison. 

And you are further required to inform the said                              of the contents of this order and 

deliver to him the attached copy thereof. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Seal) 

(Signature) 

Countersigned. 

(Signature) 

____________

267 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE 

(See section 267) 

FORM No. 37 

 To the Officer in charge of the Jail at  

WHEREAS complaint has been made before this Court that                                            (name of the 
accused) of has committed the offence of                                                  (state offence concisely with time 
and place) and it appears that                                           (name of prisoner) at present confined/detained 
in the above-mentioned prison, is likely to give material evidence for the prosecution/defence; 

You are hereby required to produce the said                                   under safe and sure conduct before 
this Court at                        on the                      day of                           , 19       , by        A.M. there to give 
evidence in the matter now pending before this Court, and after this Court has dispensed with his further 
attendance, cause him to be conveyed under safe and sure conduct back to the said prison; 

And you are further required to inform the said                                           of the contents of this order 

and deliver to him the attached copy thereof. 

Dated, this 

day of 

, 19     . 

(Seal of the Court) 

(Seal) 

(Signature) 

Countersigned. 

(Signature) 

_____________ 

FORM No. 38 

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED 

(See section 345) 

To the Officer in charge of the Jail at 

WHEREAS at a Court held before me on this day                                                 (name and description 

of the offender) in the presence (or view) of the Court committed wilful contempt;  

And whereas for such contempt the said                                                          (name of the offender) 
has been adjudged by the Court to pay a fine of rupees                            , or in default to suffer simple 
imprisonment for the period of                              (state the number of months or days); 

This is to authorise and require you to receive the said                                                          (name of 
the offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the 
said period of                                (term of imprisonment), unless the said fine be sooner paid; and, on the 
receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the 
manner of its execution. 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_____________

268 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO 
PRODUCE DOCUMENT 

FORM No. 39 

To 

(name and designation of officer of Court) 

(See section 349) 

WHEREAS                                                                                                   (name and description), 
being summoned (or brought before this Court) as a witness and this day required to give evidence on an 
inquiry  into  an  alleged  offence,  refused  to  answer  a  certain  question  (or  certain  questions)  put  to  him 
touching  the  said  alleged  offence,  and  duly  recorded,  or  having  been  called  upon  to  produce  any 
document has refused to produce such document, without alleging any just excuse for such refusal, and 
for his refusal has been ordered to be detained in custody for                                  (term of detention 
adjudged); 

This is to authorise and require you to take the said                               (name) into custody, and him 
safely to keep in your custody for the period of                  days, unless in the meantime he shall consent to 
be examined and to answer the questions asked of him, or to produce the document called for from him, 
and on the last of the said days, or forthwith on such consent being known, to bring him before this Court 
to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its 
execution. 

Dated, this 

day of 

,19      . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 40 

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH 

(See section 366) 

To the Officer in charge of the Jail at 

WHEREAS at the Session held before me on the                   day of           , 19          ,                 (name of 
prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No.                                          of the 
Calendar for 19                     at the said Session, was duly convicted of the offence of culpable homicide 
amounting to murder under section                               of the Indian Penal Code, and sentenced to death, 
subject to the confirmation of the said sentence by the                     Court of                        ; 

This is to authorise and require you to receive the said                                          (prisoner’s name) 
into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall 
receive the further warrant or order of this Court, carrying into effect the order of the said Court. 

Dated, this 

day of 

, 19       . 

(Seal of the Court) 

(Signature) 

_____________

269 

 
 
 
 
 
 
 
 
 
FORM No. 41 

WARRANT AFTER A COMMUTATION OF A SENTENCE 
1[(See sections 386, 413 and 416)] 

To the Officer in charge of the Jail at 

WHEREAS at a Session held on the             day of               , 19          ,                                  (name of 
the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No.                              of the 
Calendar for 19            at the said Session, was convicted of the offence of                               , punishable 
under section                   of the Indian Penal Code, and sentenced to                              , and was 
thereupon committed to your custody; and whereas by the order of the                Court of                        (a 
duplicate  of  which  is  hereunto  annexed)  the  punishment  adjudged  by  the  said  sentence  has  been 
commuted to the punishment of imprisonment for life; 

This is to authorise and require you safely to keep the said                               (prisoner’s name) in 
your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper 
authority and custody for the purpose of his undergoing the punishment of imprisonment for life under 
the said order, 

if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and there 
to carry into execution the punishment of imprisonment under the said order according to law”. 

or 

Dated, this 

day of 

,19    . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 42 

WARRANT OF EXECUTION OF A SENTENCE OF DEATH 
2[(See sections 413 and 414)] 

To the Officer in charge of the Jail at 

WHEREAS                                    (name of the prisoner), the (1st, 2nd, 3rd, as the case may be) 
Prisoner in case No.                           of the Calendar for 19                  at the Session held before me on 
the        day of         , 19          , has been by a warrant of the Court, dated the                   day of                  , 
committed to your custody under sentence of death;                            and whereas the order of the High 
Court at               confirming the said sentence has been received by this Court; 

This  is  to  authorise  and  require  you  to  carry  the  said  sentence  into  execution  by  causing  the                    

said               to be hanged by the neck until he be dead, at                                           (time and place of 
execution), and to return this warrant to the Court with an endorsement certifying that the sentence has 
been executed. 

Dated, this 

day of 

, 19     . 

(Seal of the Court) 

(Signature) 

_____________

1. Subs. by Act 45 of 1978, s. 35 for “(See section 386)” (w.e.f. 18-12-1978).  
2. Subs. by s. 35, ibid., for “(See section 414)” (w.e.f. 18-12-1978).  

270 

 
 
 
 
 
 
 
 
 
 
                                                 
FORM No. 43 

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE 

(See section 421) 

To 

(name  and  designation  of  the  police  officer  or  other  person  or  persons  who  is  or  are  to  execute  the 
warrant). 

WHEREAS                                                                     (name and description of the offender) was on 
the               day of                , 19        , convicted before me of the offence of                       (mention the 
offence concisely), and sentenced to pay a fine of rupees                                             ; and whereas the 
said                      (name), although required to pay the said fine, has not paid the same or any part thereof; 

This is to authorize and require you to attach any movable property belonging to the said         (name), 
which may be found within the district of                     ; and, if within                             (state the number 
of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell 
the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning 
this  warrant,  with  an  endorsement  certifying  what  you  have  done  under  it,  immediately  upon  its 
execution. 

Dated, this 

day of 

, 19     . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 44 

WARRANT FOR RECOVERY OF FINE 

(See section 421) 

To the Collector of the district of  

WHEREAS                                                           (name, address and description of the offender) was 
on the            day of             , 19                , convicted before me of the offence of                          (mention 
the offence concisely), and sentenced to pay a fine of rupees                      ; and 

WHEREAS the said                                          (name), although require to pay the said fine, has not 

paid the same or any part of thereof; 

You  are  hereby  authorised  and  requested  to  realise  the  amount  of  the  said  fine  as  arrears  of  land 
revenue from the movable or immovable property, or both, of the said                                          (name) 
and to certify without delay what you have done in pursuance of this order. 

Dated, this 

day of 

, 19       . 

(Seal of the Court) 

(Signature) 

_____________

271 

 
 
 
 
 
 
 
 
 
 
 
1[FORM No. 44A 
BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE 
[See section 424 (1) (b)] 

WHEREAS I,                                                (name) inhabitant of                                   (place), have 
been sentenced to pay a fine of rupees                                    and in default of payment thereof to undergo 
imprisonment for                               ; and whereas the Court has been pleased to order my release on 
condition of my executing a bond for my appearance on the following date (or dates), namely:— 

I hereby bind myself to appear before the Court of                         at                 o’clock on the 

following date (or dates), namely:— 
and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees. 

Dated, this 

day of 

, 19     . 

(Signature) 

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— 

We do hereby declare ourselves sureties for the above-named that he will appear before the Court of 

on the following date (or dates), namely:— 

And,  in  case  of  his  making  default  therein,  we  bind  ourselves  jointly  and  severally  to  forfeit  to 

Government the sum of rupees. 

_____________ 

(Signature).] 

FORM No. 45 
BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT 

[See sections 436, 2[436A,] 437, 3[437A,] 438 (3) and 441] 

I,                                      (name), of                              (place), having been arrested or detained 
without warrant by the Officer in charge of                                   police station (or having been brought 
before the Court of                           ), charged with the offence of                                 , and required to 
give security for my attendance before such Officer of Court on condition that I shall attend such Officer 
or Court on every day on which any investigation or trial is held with regard to such charge, and in case 
of my making default herein, I bind myself to forfeit to Government the sum of rupees. 

Dated, this 

day of 

, 19    . 

(Signature) 

I  hereby  declare  myself  (or  we  jointly  and  severally  declare  ourselves  and  each  of  us)  surety  (or 
sureties) for the above said                                                   (name) that he shall attend the Officer in 
charge of                                         police station or the Court of                                             on every day 
on which any investigation into the charge is made or any trial on such charge is held, that he shall be, 
and  appear,  before  such  Officer  or  Court for the  purpose  of  such investigation or  to  answer the  charge 
against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, 
hereby bind ourselves) to forfeit to Government the sum of                  rupees. 

Dated, this 

day of 

, 19     . 

(Signature) 

1. Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978).  
2. Ins. by Act 25 of 2005, s. 43 (w.e.f. 23-6-2006).  
3. Ins. by Act 5 of 2009, s. 32 (w.e.f. 31-12-2009).  

_____________

272 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
FORM No. 46 

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY 

(See section 442) 

To the Officer in charge of the Jail at     

(or other officer in whose custody the person is) 

WHEREAS                                                 (name and description of prisoner) was committed to your 
custody under warrant of this Court, dated the                day of                                  , and has since with 
his surety (or sureties) duly executed a bond under section 441 of the Code of Criminal Procedure; 

This is to authorise and require you forthwith to discharge the said                         (name) from your 

custody, unless he is liable to be detained for some other matter. 

Dated, this 

day of 

, 19      . 

(Seal of the Court) 

(Signature) 

_____________ 

1[FORM No. 47 
WARRANT OF ATTACHMENT TO ENFORCE A BOND 

(See section 446) 

To the Police Officer in charge of the police station at  

WHEREAS                                                           (name, description and address of person) has failed 
to appear on                          (mention the occasion) pursuant to his recognizance, and has by default 
forfeited to Government the sum of rupees                                    (the penalty in the bond); and whereas 
the said                                  (name of person) has, on due notice to him, failed to pay the said sum or 
show any sufficient cause why payment should not be enforced against him; 

This is to authorise and require you to attach any movable property of the said                   (name) that 
you may find within the district of                                     , by seizure and detention, and, if the said 
amount be not paid within                            , days to sell the property so attached or so much of it as may 
be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant 
immediately upon its execution. 

Dated, this 

day of 

, 19       . 

(Seal of the Court) 

(Signature)] 

_____________

1. Ins. by Act 45 of 1978, s. 35 (w.e.f. 18-12-1978).  

273 

 
 
 
 
 
 
 
 
 
                                                 
FORM No. 48 

NOTICE TO SURETY ON BREACH OF A BOND 

(See section 446) 

To                                                     of            

WHEREAS on the                               day of                                         , 19                 , you became 
surety for                            (name) of                                                      (place) that he should appear 
before this Court on the                          day of                            and bound yourself in default thereof to 
forfeit the sum of rupees                               to Government; and whereas the said                             (name) 
has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum 
of rupees. 

You are hereby required to pay the said penalty or show cause, within                      days from this 

date, why payment of the said sum should not be enforced against you. 

Dated, this 

day of 

, 19      . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 49 

NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR 

 (See section 446) 

To                                          of 

WHEREAS on the                day of            , 19        , you became surety by a bond for               (name) 
of                     (place) that he would be of good behaviour for the period of                    and bound 
yourself in default thereof to forfeit the sum of rupees                                 to Government; and whereas 
the said                                                                                             (name) has been convicted of the 
offence of                                (mention the offence concisely) committed since you became such surety, 
whereby your security bond has become forfeited; 

You are hereby required to pay the said penalty of rupees                                   or to show cause 

within                     days why it should not be paid. 

Dated, this 

day of 

,19      . 

(Seal of the Court) 

(Signature) 

_____________

274 

 
 
 
 
 
 
 
 
 
 
 
FORM No. 50 

WARRANT OF ATTACHMENT AGAINST A SURETY 

(See section 446) 

To                                                    of 

WHEREAS                                                              (name, description and address) has bound himself 
as surety for the appearance of                                                         (mention the condition of the bond) and 
the said                                                    (name) has made default, and thereby forfeited to Government 
the sum of rupees                                                    (the penalty in the bond); 

This is to authorise and require you to attach any movable property of the said                           (name) 
which you may find within the district of                                             , by seizure and detention; and, if the 
said amount be not paid within                                 days, to sell the property so attached, or so much of it 
as may be sufficient to realise the amount aforesaid, and make return of what you have done under this 
warrant immediately upon its execution. 

Dated, this 

day of 

, 19      . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 51 

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL  

 (See section 446) 

To the Superintendent (or Keeper) of the Civil Jail at 

WHEREAS                                                                         (name and description of surety) has bound 
himself as a surety for the appearance of                                                (state the condition of the bond) 
and the said                               (name) has therein made default whereby the penalty mentioned in the 
said bond has been forfeited to Government; and whereas the said                              (name of surety) has, 
on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be 
enforced against him, and the same cannot be recovered by attachment and sale of his movable property, 
and an order has been made for his imprisonment in the Civil Jail for                         (Specify the period); 

This is to authorise and require you, the said Superintendent                                   (or Keeper) to 
receive the said                                      (name) into your custody with the warrant and to keep him safely 
in the said Jail for the said                               (term of imprisonment), and to return this warrant with an 
endorsement certifying the manner of its execution. 

Dated, this 

day of 

, 19      . 

(Seal of the Court) 

(Signature) 

_____________

275 

 
 
 
 
 
 
 
 
 
 
 
FORM No. 52 

NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE 

(See section 446) 

To             (name, description and address) 

WHEREAS on the                       day of                                     , 19              , you entered into a bond not 
to commit, etc.,                                                      (as in the bond), and proof of the forfeiture of the same 
has been given before me and duly recorded; 

You are hereby called upon to pay the said penalty of rupees                               or to show cause before 
me within                                 days why payment of the same should not be enforced against you. 

Dated, this 

day of 

, 19        . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 53 

WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE 

 (See section 446) 

To  

(name and designation of police officer), at the police station of 

WHEREAS                                                                                                 (name and description) did, on 
the                 day of                 , 19          , enter into a bond for the sum of rupees                   binding 
himself not to commit a breach of the peace, etc.,                                             (as in the bond), and proof 
of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has 
been given to the said                                      (name) calling upon him to show cause why the said sum 
should not be paid, and he has failed to do so or to pay the said sum; 

This  is  to  authorise  and  require  you  to  attach  by  seizure  movable  property  belonging  to  the              

said                          (name) to the value of rupees                             , which you may find within the 
district of                      , and, if the said sum be not paid within                                   , to sell the property 
so attached, or so much of it as may be sufficient to realize the same; and to make return of what you have 
done under this warrant immediately upon its execution. 

Dated, this 

day of 

, 19          . 

(Seal of the Court) 

(Signature) 

_____________

276 

 
 
 
 
 
 
 
 
 
 
WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE 

FORM No. 54 

To the Superintendent (or Keeper) of the Civil Jail at 

(See section 446) 

WHEREAS proof has been given before me and duly recorded that                               (name and 
description) has committed a breach of the bond entered into by him to keep the peace, whereby he has 
forfeited to Government the sum of rupees                        ; and whereas the said                          (name) 
has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called 
upon to do so, and payment thereof cannot be enforced  by attachment of his movable property, and an 
order has been made for the imprisonment of the said                                      (name) in the Civil Jail of 
the period of                        (term of imprisonment); 

This is to authorise and require you, the said Superintendent                                              (or Keeper) 
of the said Civil Jail to receive the said                        (name) into your custody, together with this 
warrant,  and  to  keep  his  safely  in  the  said  Jail  for  the  said  period  of                                                    (term  of 
imprisonment), and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this 

day of 

, 19        . 

(Seal of the Court) 

(Signature) 

_____________ 

FORM No. 55 

WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR  

To the Police Officer in charge of the police station at 

 (See section 446) 

WHEREAS                                 (name, description and address)               did, on the                      day 
of                   , 19        , give security by bond in the sum of rupees                             for the good 
behaviour of                                                       (name, etc., of the principal), and proof has been given 
before me and duly recorded of the commission by the said                                                (name) of the 
offence  of  whereby  the  said  bond  has  been  forfeited;  and  whereas  notice  has  been  given  to  the                 
said                              (name) calling upon him to show cause why the said sum should not be paid, and 
he has failed to do so to pay the said sum; 

This  is  to  authorise  and  require  you  to  attach  by  seizure  movable  property  belonging  to  the                    

said               (name) to the value of rupees             which you may find within the district of              , and, 
if the said sum be not paid within                     , to sell the property so attached, or so much of it as may be 
sufficient to realise the same, and to make return of what you have done under this warrant immediately 
upon its execution. 

Dated, this 

day of 

, 19        . 

(Seal of the Court) 

(Signature) 

_____________

277 

 
 
 
 
 
 
 
 
FORM No. 56 

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR 

 (See section 446) 

To the Superintendent (or Keeper) of the Civil Jail at 

WHEREAS                               (name, description and address) did, on the day of          , 19      , give 
security by bond in the sum of rupees                              for the good behaviour of                  (name, etc., 
of the principal), and proof of the breach of the said bond has been given before me and duly recorded, 
whereby the said                               (name) has forfeited to Government the sum of rupees                   , 
and  whereas  he  has  failed  to  pay  the  said  sum  or  to  show  cause  why  the  said  sum  should  not  be  paid 
although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable 
property, and an order has been made for the imprisonment of the said                             (name) in the 
Civil Jail for the period of                               (term of imprisonment); 

This is to authorise and require you, the Superintendent                                      (or Keeper), to receive 
the said                             (name) into your custody, together with this warrant, and to keep him safely in 
the said Jail for the said period of                            (term of imprisonment), returning this warrant with an 
endorsement certifying the manner of its execution. 

Dated, this 

day of 

, 19     . 

(Seal of the Court) 

(Signature) 

_____________ 

STATE AMENDMENT 

Andhra Pradesh 

Amendment of Form No. 45 in the Second Schedule. — In the Principal Act, in the Second Schedule, 
in  Form  No.  45,  in  paragraph  2,  after  the  words,  “to  forfeit  to  Government  the  sum  of  rupees”  the 
following words shall be added namely:— 

“and I shall pay the fine imposed by the court in case I fail to produce the accused on the date fixed by 

the court.” 

[Vide Andhra Pradesh Act 17 of 2019 s. 3]  

278 

 
 
 
 
 
 
 
 
EXTRACTS FROM THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2005  

APPENDIX 

NO. 25 OF 2005 

[23rd  June, 2005.] 

An Act further to amend the Code of Criminal Procedure, 1973. 

BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:— 

1.  Short  title  and  commencement.—(1)  This  Act  may  be  called  the  Code  of  Criminal  Procedure 

(Amendment) Act, 2005. 

(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government 
may,  by notification in the  Official Gazette, appoint  1[; and different dates*  may be appointed for different 
provisions of this Act.]  

*                                    *                                    *                                     *                               * 

16.  Insertion  of  new  section  144A.—In  Chapter  X  of  the  principal  Act,  under  sub-heading 
“C.—Urgent cases of nuisance or apprehended danger”, after section 144, the following section 
shall be inserted, namely:— 

‘144A. Power to  prohibit  carrying  arms  in  procession  or  mass  drill  or mass  training with 
arms.—(1)  The  District  Magistrate  may,  whenever  he  considers  it  necessary  so  to  do  for  the 
preservation of public peace or public safety or for the maintenance of public order, by public notice 
or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any 
procession or the organising or holding of, or taking part in, any mass drill or mass training with arms 
in any public place. 

(2)  A  public  notice  issued  or  an  order  made  under  this  section  may  be  directed  to  a  particular 

person or to persons belonging to any community, party or organisation. 

(3)  No  public  notice issued  or  an order  made  under this  section  shall  remain  in  force  for  more 

than three months from the date on which it is issued or made. 

(4) The State Government may, if it considers necessary so to do for the preservation of public 
peace  or  public  safety  or  for  the  maintenance  of  public  order,  by  notification,  direct  that  a  public 
notice issued or order made by the District Magistrate under this section shall remain in force for such 
further  period  not  exceeding  six  months  from  the  date  on  which  such  public  notice  or  order  was 
issued  or  made  by  the  District  Magistrate  would  have,  but  for  such  direction,  expired,  as  it  may 
specify in the said notification. 

(5)  The  State  Government  may,  subject  to  such  control  and  directions  as  it  may  deem  fit  to 
impose,  by  general  or  special  order,  delegate  its  powers  under  sub-section  (4)  to  the  District 
Magistrate.

1.  Ins. by Act 25 of 2006, s. 2 (w.e.f. 2-6-2006). 
*     23-6-2006, vide Notification No.S.O. 923(E) dated 21-6-2006 [Except the Provisions of Section 16, 25, 28(a), 28(b), 38, 

42(a), 42(b),  42(f)(iii) and (iv) and 44(a)].  

279 

                                                 
Explanation.—The  word  “arms”  shall  have the  meaning  assigned to it  in  section  153AA  of the 

Indian Penal Code (45 of 1860).’. 

* 

1* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

* 

28. Amendment of section 320.—In section 320 of the principal Act, in the Table under sub-section 

(2),— 

(a)  the  words  “Voluntarily  causing  hurt  by  dangerous  weapons or  means” in  column  1  and  the 

entries relating thereto in columns 2 and 3 shall be omitted; 

(b) in column 3, for the word  “Ditto”, against the entry relating to section 325, the words “The 

person to whom the hurt is caused” shall be substituted. 

*                                    *                                    *                                     *                               * 

38.  Amendment  of  section  438.—In  section  438  of  the  principal  Act,  for  sub-section  (1),  the 

following sub-sections shall be substituted, namely:— 

“(1)  Where  any  person  has  reason  to  believe  that  he  may  be  arrested  on  accusation  of  having 
committed  a  non-bailable  offence,  he  may  apply  to  the  High  Court  or  the  Court  of  Session  for  a 
direction under this section that in the event of such arrest he shall be released on bail; and that Court 
may, after taking into consideration, inter alia, the following factors, namely:— 

(i) the nature and gravity of the accusation; 

(ii)  the  antecedents  of  the  applicant  including  the  fact  as  to  whether  he  has  previously 

undergone imprisonment on conviction by a Court in respect of any cognizable offence; 

(iii) the possibility of the applicant to flee from justice; and 

(iv)  where  the  accusation  has  been  made  with  the  object  of  injuring  or  humiliating  the 

applicant by having him so arrested, 

either reject the application forthwith or issue an interim order for the grant of anticipatory bail: 

Provided that, where the High Court or, as the case may be, the Court of Session, has not passed 
any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it 
shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the 
basis of the accusation apprehended in such application. 

(1A)  Where  the  Court  grants  an  interim  order  under  sub-section  (1),  it  shall  forthwith  cause  a 
notice being not less than seven days notice, together with a copy of such order to be served on the 
Public  Prosecutor  and  the  Superintendent  of  Police,  with  a  view  to  give  the  Public  Prosecutor  a 
reasonable  opportunity  of  being  heard  when  the  application  shall  be  finally  heard  by  the  Court.

1. S. 25 omitted by Act 2 of 2006, s. 8 (w.e.f. 16-4-2006). 

280 

                                                 
(1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final 
hearing of the application and passing of final order by the Court, if on an application made to it by 
the Public Prosecutor, the Court considers such presence necessary in the interest of justice.”. 

*                                    *                                    *                                     *                               * 

42.  Amendment  of  the  First  Schedule.—In  the  First  Schedule  to  the  principal  Act,  under  the 

heading “I.—OFFENCES UNDER THE INDIAN PENAL CODE”,— 

(a) after the entries relating to section 153A, the following entries shall be inserted, namely:— 

1 

2 

 3 

             4    

5 

               6 

“153AA  Knowingly carrying 

  Imprisonment 

 Ditto 

     Ditto   Any Magistrate.”; 

arms in any procession or     for 6 months 

organising or holding or 

   and fine of 

taking part in any mass 

    2,000 rupees 

drill or mass training 

with arms 

(b)  in  the  6th  column,  in  the  entries  relating  to  section  153B,  for  the  word  “Ditto”,  the  words 

“Magistrate of the first class” shall be substituted;  

*                                    *                                    *                                     *                               * 

(f) in the 5th column, in the entries relating to— 

*                                    *                                    *                                     *                               * 

(iii) section 324, for the word “Ditto”, the word “Non-bailable” shall be substituted; 

(iv) section 325, for the word “Ditto”, the word “Bailable” shall be substituted. 

*                                    *                                    *                                     *                               * 

44. Amendment of Act 45 of 1860.—In the Indian Penal Code,— 

(a) after section 153A, the following section shall be inserted, namely:— 

‘153AA. Punishment for knowingly  carrying  arms  in any  procession  or  organising,  or 
holding or taking part in any mass drill or mass training with arms.—Whoever knowingly 
carries  arms  in  any  procession  or  organizes  or  holds  or  takes  part  in  any  mass  drill  or  mass 
training  with  arms  in  any  public  place  in  contravention  of  any  public  notice  or  order  issued  or 
made under section 144A of the Code of Criminal Procedure, 1973  (2 of 1974) shall be punished 
with imprisonment for a term which may extend to six months and with fine which may extend to 
two thousand rupees. 

Explanation.—“Arms” means articles of any description designed or adapted as weapons for 

offence or defence and includes fire arms, sharp edged weapons, lathis, dandas and sticks.’.  

*                                    *                                    *                                     *                               * 

––––––––– 

281 

 
 
 
         
 
 
 
 
 
